Legal Twist: Petitioner Withdraws Late Prof. Magoha’s Name from CBC Rollout Case

The name of the late former Education Cabinet Secretary, Professor George Magoha, has been allowed to be withdrawn from a case challenging the rollout of the Competence Based Curriculum (CBC). This unexpected development follows an application made by advocate Nelson Havi, the petitioner in the case, after Senior Counsel Philip Murgor argued that the suit against Magoha should be dismissed due to his passing a year ago.

Murgor, who has been representing the deceased as the eighth respondent, emphasized the significant lapse of time since Magoha’s demise. “It’s been a year since he died. There has been no substitution. The suit against him should stand dismissed,” Murgor asserted during the court proceedings.

The counsel shared with Justices Hedwig Ongundi, John Chigiti, and Antony Ndung’u that they had anticipated the withdrawal of the petition, particularly after President William Ruto appointed a task force in September 2022 to evaluate the CBC in the country. This task force was tasked with recommending appropriate reforms to various sectors of Kenya’s education system.

Despite the passage of time and the appointment of the task force, the matter remains unresolved, with the Attorney General’s office yet to comply with court directions, which required the presentation of the task force report. The Attorney General stated during the recent court session that they were still in the process of filing the report and requested an additional seven days to complete the task.

The delay prompted other parties involved in the case, including the Teachers Service Commission, to express support for the Attorney General’s request. They emphasized that the court would benefit from the insights presented in the awaited report.

As a result of these developments, the court has rescheduled the matter to February 15. On this date, the case will be mentioned to confirm compliance with the pending report, adding another layer of intrigue to the ongoing legal saga.


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