Former Independent Presidential Candidate Peter Solomon Gichira and two parents whose children got pregnant while in form four want the court to order Kenya National Examination Council to set up supplementary examination for students with pregnancies.
Mr Gichira , Faith Muru and Mirian Mweni Mutua through Through lawyer Karanja Kamotho and Dedan Wachira want candidates who have given birth within one and three months be exempted from sitting national examination and be allowed to do supplementary exams.
” If the court do find the petition is merited the supplementary examination be administered at least three months after the last date of Kenya Certificate of Primary Education and Kenya Certificate of Secondary Education Examinations” the petitioner states.
The three further want the court to order supplementary examinations be administered at least three months after the last date of the Kenya Certificate of Primary Education and Kenya Certificate of Secondary Education examinations as the case may be.
They are also seeking orders to compel the Kenya Institute of Curriculum Development to develop, approve and implement a comprehensive sexual and reproductive health programme in the current curriculums of both primary and secondary schools.
They further want Teachers Service Commission and Ministry of Education to provide counselling services to pregnant students and new student mothers.
In her supporting affidavit , Miriam Mweni Mutua who her 17 years old daughter is currently sitting for exam after giving birth said that her daughter had to undergo a drastic lifestyle change that has made the KCSE examinations a difficult experience for her.
Her teenage daughter is sitting her KCSE papers after having delivered a healthy baby girl on 3rd November, 2018 at Mwala (Sub-County) Level 4 Hospital.
“she has to wake up at 5 am to breastfeed her one week old baby as her classmates study for the day’s paper” said Miriam.
She further added that , “She also has to clean the baby’s clothes, and because we do not have a lot of resources, we have had to get an aunt to come in at 7 am and take care of the baby while my daughter goes to her school to sit the examination. I am a casual labourer myself, so I have to leave for work in the morning as well”.
The mother further narrated to the court that her daughter cannot even sleep because of the baby who has to bed fed and changed through the night. “This means my daughter wakes up tired, and she has to expend the remaining energy to drag herself out of bed, feed and change her baby and go to school without having studied for the day’s paper”.
In a detailed affidavit filed in court, Miriam told the court that an adult took advantage of her daughter.
” My daughter was taken advantage of by an adult and I am certain that she would have made better choices had sex education been availed to her at school. I feel like a failed parent. I cannot bring myself to ask my daughter about the baby’s father because the shame will affect her KCSE performance” . stated in the affidavit.
She said she didn’t want other teenage mothers to go through what her daughter is going through and she believe it is important, necessary even, to let candidates who have just delivered or who deliver during the national examinations stay at home with their babies for at least three months before they sit for supplementary exams.
Mr Gichira, Faith Muru and Miriam Mweni Mutua, through lawyers Through lawyer Karanja Kamotho and Dedan Wachira
have argued in their petition to the constitution court that their application is centered on alarming and increased number pregnancies amongst female candidates.
They content that CS Education Amina Mohamed did order for audit on the rise of teenage pregnancies in the country she noted that the rate of teenage pregnancies has risen exponentially and a quite a number of female candidates have have given birth before sitting for their examinations.
“Respondent recently ordered an audit on the rise of teenage pregnancies in the country. While speaking to journalists, the 4th Respondent noted that the rate of teenage pregnancy has risen exponentially and a number of the pregnant teenagers have given birth while siting for national examinations, both the Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE)”. Said petitioners.
The United Nations Population Fund (UNFPA) 2017 report on adolescent and teenage pregnancies shows that 378,397 girls aged between 10 and 19 years gor pregnant between July 2016 and 2017.
Petitioner argue that going by the Kenyan Education system the age of 10to 19 years is of school going children normally in primary and secondary schools respectively.
The data by UNFPA further showed a prevalence rate of 40 per cent in Narok County followed by Homa Bay with 33 per cent West Pokot 29 per cent Tana River and Nyamiara with 20 per cent and other Counties followed closely.
The says that according to director of education from Kitui County a total of 72 candidates sitting for their national examinations this year were pregnant out of those 41 candidates have since given birth during the course of the examination.
The Children’s Affairs Department in Kilifi County reported 13,624 cases of teen pregnancies in the past one year.
The matter to be mentioned on the 4th of December for further directions.
