Three-Judge Bench to Provide Directions in CBC Challenge Case

A case challenging the rollout of the Kenya Competence-Based Curriculum (CBC) is set to be addressed by a three-judge bench today. Advocate Nelson Havi is at the forefront of this legal battle, aiming to declare the CBC unconstitutional and unlawful.

Case Background

  • The case was initiated in 2021, with the original petitioner being Esther Ang’awa, also a high court advocate. However, Ang’awa withdrew from the matter, citing alleged profiling by the state, leading to Nelson Havi’s substitution as the petitioner.
  • The legal challenge questions the constitutionality and lawfulness of the Competency-Based Curriculum (CBC), a transformative education initiative introduced in January 2019.
  • The national rollout of CBC began with Pre-Primary I and II and Grades 1, 2, and 3 in lower primary, intending to address shortcomings observed under the previous 8-4-4 system of rote learning.
  • Critics argue that the government failed to provide evidence of conducting comprehensive research to inform the development and implementation of the CBC curriculum.

Court Proceedings

  • A three-judge bench consisting of Justice Hedwig Ongundi, Antony Mrima, and Antony Ndung’u will provide directions in the case today at 10:30 am.

Potential Implications

  • The outcome of this legal challenge may have significant implications for the future of the CBC, with potential adjustments or reforms depending on the court’s decisions.

Separately Mentioned Case

  • In a separate matter, an anti-corruption court is set to mention a case involving the Ethics and Anti-corruption Commission (EACC) obtaining orders to freeze assets belonging to former Murang’a governor Mwangi Wa Iria. The case revolves around a Sh543 million tender probe, with allegations that Wa Iria influenced the awarding of tenders to a company owned by close associates.

Final Thoughts

The legal challenge against the CBC faces a crucial juncture today as the three-judge bench provides directions. The case underscores the ongoing debate surrounding the transformative education curriculum and its adherence to constitutional principles. Additionally, the mention of the EACC case involving former Governor Wa Iria’s frozen assets adds another layer to the legal proceedings, highlighting the continued efforts to address corruption in public procurement.


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