Former students of Chebuyusi High School in Kakamega County who sat their Kenya Certificate of Secondary Education (KCSE) exam last year can now rest easy.
This is after the High Court yesterday quashed the decision by the Kenya National Examinations Council (Knec) to cancel their results.
Judge George Odunga gave the national exam body 14 days to carry out proper investigations into allegations of cheating at the school so as to establish if the results were valid or not.
Knec cancelled the results for the 190 students despite the school having been ranked top in the county with a mean score of 8.911, citing irregularities during Biology and Chemistry exams, prompting the school to move to court.
“The decision to cancel results of the students was null and void and unless Knec initiates a lawful process of investigating the alleged exam irregularities within 14 days, then they must certify the results released on December 20 as the final results for the 190 students,” ruled Justice Odunga.
He said although Knec had the power to investigate all forms of exam irregularities and cancel results, the manner and procedure used against Chebuyusi High were unlawful and failed to meet the threshold of a fair administrative process.
He said it was “unfair, heartless and draconian” for the examination council to release the results to the students only to cancel them three weeks later.
“They cannot release half-baked results and then go ahead to act against the students' legitimate expectations. It was so draconian and a great injustice to cancel results after releasing it to the students. That action cannot pass the test of reasonableness,” ruled Justice Odunga.
Following the judgement, several of the affected students who had travelled from Kakamega broke into song and dance outside the Milimani Law Courts. They said they were relieved they could now apply to join university.
But Knec’s chairman Prof George Magoha said they would appeal the decision.