The High Court in Kisii has halted the registration of mid-year July KCSE examinations for repeaters and private candidates. This is after the petitioner Dr Magare Gikenyi filed a case against Kenya national Examinations Council (KNEC) seeking to stop introduction of mid-year KCSE series examinations.
Justice Teres Achieng Odera certified the case as urgent. The hearing will take place on February 12.
Dr Magare, a Consultant Surgeon based in Nakuru argues that the midyear KCSE exams violate the rights of students.
In his application, Dr Gikenyi wants the tests halted as they were introduced without public participation alleging that no stakeholders were involved in the process.
He further states that July and November examinations will create two categories of students because those who will sit for the mid-year examinations will have little time to prepare.
He added that the creating the mid-year series examinations cannot be justified rationally and violates Article 27, read together with Articles 24, 10, 73, and 75 of the Constitution.
Dr Magare further observes that as has been the tradition, Form Four candidates have been writing the examination in November thus making the students have a legitimate hope that even if they don’t perform well, they will retake the exams.
“That the yearly examinations have always been sat/done in November of every year and thus every learner had a Legitimate Expectation that should he/she fail, she would repeat the same and/or as an adult learner sit the said examinations in November 2024. That abruptly changing the said date and without involving the affected learners and stakeholders and public is against legitimate expectation of the affected learners, and their parents and stakeholders” part of the petition reads.
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He further stated that the impugned administrative guidelines were made by essentially forcing learners to do their examination in July as opposed to November 2025 which goes against article 53 of the constitution on the best interests of the child.
KNEC CEo Dr David Njengere, Education Cabinet Secretary Julius Ogamba and Attorney General Dorcas Agik Oduor have been listed as respondents in the case.
During release of the 2024 KCSE Ogamba said the starting this year July series examination targeting candidates who wish to repeat the KCSE examination, and those who may have missed the exams due to sickness or other unexpected occurrences. Private candidates were also eligible to register for the July KCSE series examination.
On January 22, KNEC had released a circular containing guidelines on administration of the 2025 KCSE (July 2025) series.
Registration for the examinations were to take place on January 27 to February 22, 2025.
By Malack Obegi and Joseph Mambili
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