BY SAM ALFAN.
The High Court has dismissed a petition filed by former Law Society of Kenya president Nelson Havi challenging the implementation of Competence Based Curriculum (CBC).
Justices Hedwig Ong’udi (presiding judge) and Justices Anthony Ndungu and John Chigiti ruled that petitioner came to court too late after the new curriculum had already been rolled out.
The judge said it was evident that the CBC has already been rolled out and over 8 million children are undergoing the system.
They said teachers have undergone retooling and teaching materials and aids have been prepared and distributed and the children enrolled in the new programme have advanced substantially in the study.
“From the material placed before the court, and for reasons stated, it is our finding that the petitioner has not proven his case to the required degree and we so hold,” said the judges.
The court said much has been spent in the new curriculum including training of teachers, expanding classroom, employing new teachers, which cannot be stopped by the court.
According to the judges, Havi had the opportunity to air his views in different forums which included workshops, which were organized by the government that was meant to include public participation.
However, the judges directed the Cabinet Secretary for Education to regularize of section 73 of basic education to align it with CBC.
“The 1st respondent shall initiate the process of amending section 41 of the Basic Education Act to align the structure of education with CBC within 120 days,” said the judges.
They also said that CS should form a committee to implement the recommendations by the Presidential working committee that made several recommendations which were not implemented.
“The 1st respondent shall set up a committee to ensure the implementation of the recommendations of the Report of the Presidential Working Party on Education reform dated 9th June, 2023 within 90 days of today’s date,” the judges directed.
