Judge rules CBC case is valid, asks Chief Justice Koome to assign five-judge bench

A five-judge bench will now hear the case challenging roll-out of the Competency-Based Curriculum (CBC).

This is after High Court judge Anthony Mrima found the case filed by lawyer Esther Ang’awa raised weighty issues, which require more than one judge to settle. The judge called on Chief Justice Martha Koome to appoint the bench.

“I certify CBC petition as raising substantial and novel issues requiring consideration by an uneven number of judges, of not less than five, to be assigned by the Chief Justice,” he said.

Ang’awa has sued Education Cabinet Secretary George Magoha, the Kenya Institute of Curriculum Development (KICD), the Teachers Service Commission (TSC), the Kenya National Union of Teachers (Knut), the National Assembly and Interior CS Fred Matiang’i.

At the heart of the case is whether CBC was rolled out without prior preparations and consultations.

At the same time, Ms. Ang’awa argues that teachers are ill-prepared, and that implementation of the new curriculum will harm children's future.

However, in their separate replies, the five accused, with the support of the National Parents Association (NPA) want the court to dismiss the case.

Through its lawyer Elizabeth Akinyi, NPA said Ang’awa has not undertaken to compensate those who will be affected by the orders.