High Court dismisses case challenging implementation of CBC

Former Law Society of Kenya President Nelson Havi.

The High Court has dismissed a petition filed by the former Law Society of Kenya (LSK) President Nelson Havi challenging the rollout of the Competency-Based Curriculum (CBC).

In a ruling on Thursday, June 20, a three-judge bench of Hedwig Ongundi, Antony Mrima, and Antony Ndung’u said the renowned lawyer did not provide enough evidence in his case which was filled in 2021.

Consequently, they said that the curriculum has already been rolled out in schools across the country and stopping its implementation would mean a lot of disruptions in the education sector.

“It is evident that the Competency-Based Curriculum has already been rolled out. The teachers have undergone training, and the government has already set out finances for the implementation. Stopping implementation will cause havoc in the education system,” the judges said in the ruling.

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The three-judge bench further directed Education Cabinet Secretary (CS) Ezekiel Machogu to set up a committee for the implementation of the report on CBC.

At the same time, Havi in a statement released briefly after the court ruling said he would not appeal the High Court decision.

“CBC Petition dismissed: no evidence to support any of the grounds relied upon and a lot of money has gone into implementation.

“CS Education to pursue amendment of Basic Education Act and enact Regulations to domicile CBC in 120 days. We will not appeal. Let it be,” said Havi.

Havi had filed a case against the implementation of the CBC arguing that the programme was rolled out without the Ministry of Education formulating rules and regulations that were supposed to be approved by the National Assembly.

By Vostine Ratemo

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