BY SAM ALFAN.
Former law Society of Kenya President Nelson Havi has applied to take over a case seeking to block the government from further implementation of Competency Based Curriculum (CBC).
Appearing in court on Mondy, Havi said the petitioner- lawyer Esther Ang’awa- withdrew from the case saying she has been negatively been profiled by the government and state agencies.
Ang’awa sued the Ministry of Education last year, complained that the new curriculum was burdening parents.
The lawyer, however told the three judge bench she was no longer interested with the petition because she has been negatively profiled by State and Government agencies and that the continuation of the petition, using her name has and will prejudice her and the education of her child.
She applied to be substituted by Havi as the petitioner saying she was not interested in pursuing the petition.
Havi said it was in order for Ang’awa be substituted so that he can continue pursuing the petition and assist parents who have been affected by the CBC.
Education Cabinet Secretary George Magoha urged the bench
to dismiss the petition since the new curriculum has taken off and should not be hindered, adding that lawyer Ang’awa has lost interest in the case.
The CS opposed substituting Ang’awa with lawyer Havi to pursue the case, which he says is of great public interest.
In the case before the High Court, the lawyer as also sued Kenya Institute of Curriculum Development, Kenya examination Council and Teachers Service Commission.
Lawyer Esther Ang’awa wants the Court to stop the government to stop CBC saying it has been rolled out unlawfully.
The lawyer argues that that the Ministry of Education has rolled out a curriculum for basic education purporting to phase out and replace the 8-4-4 system through sessional papers and policy instead of legislation.
She says there is no identifiable document or instrument upon which the CBC curriculum can be traced as one developed in the manner set out in section 73 and 74 of the Basic Education Act NO. 14 2013 as read together with section 4 of the KICD Act.
Angawa claims that the government has undertaken the unlawful action enumerated by publishing learning materials without any curriculum having been developed in accordance with the constitution.
She contends that the CBC curriculum has sought to impose an economic burden of procuring courses books, learning material among other school items.
