High Court declines to halt Form 1 selection as petitioned

Nairobi City lawyer Danstan Omari speaks to the media at Milimani Law Courts. The courts rejected the petition to halt the Form One selection process.

The High Court has declined to halt the Form 1 selection exercise as requested in a petition by parents led by Nairobi city lawyer Danstan Omari.

They were challenging the integrity of the recently released KCPE results, asking that the selection be deferred until a pending case against it is heard and determined.

Consequently, despite the widespread complaints from learners and parents regarding apparent errors in the results, the Form One selection process will now proceed as planned.

The court order establishes a timeline that extends beyond the completion of the selection process initiated on November 27, 2023 and to last two weeks.

The Ministry of Education (MoE) therefore will move forward with placing pupils in secondary schools based on the chaotic results announced last week.

Dr Benjamin Magare Gikenyi, a Nakuru-based doctor, and two parents representing children who sat the exams at Kitengela International School and Set Greenhill Academy Mixed Day and Boarding and Junior School, had filed cases questioning the results.

However, High Court Judge Lawrence Mugambi has fixed February 7, 2024 for the mention of the case for directions, a date that comes long after the completion of the selection process and the reporting of Form One learners to their respective schools.

The cases were filed under a certificate of urgency, but the court order outlines specific timelines for filing and serving documents.

Lawyer Danstan Omari, handling the cases for Kitengela and Set Green Hill primary schools, sought the court’s urgent intervention, emphasizing the concerns of worried learners.

The parents’ contention is rooted in the schools’ consistent good results in the past three years, making this year’s results seem inexplicably different.

By Viola Chepkemoi

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