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Lawyer battling abolishing of CBC grows cold feet

Former LSK President Nelson Havi and lawyer Esther Angawa at the Supreme court building on January 18, 2022. [Collins Kweyu, Standard]

A lawyer who challenged the roll-out of the Competency-Based Curriculum (CBC) now wants her name removed from the court papers.

Esther Ang’awa, lawyer for former LSK President Nelson Havi, today told the High Court that she is no longer interested in the case.

Havi told a three-judge bench composed of Hedwig Ong’undi, Anthony Ndung’u and Anthony Mrima that she has grown cold feet after allegedly being profiled by the government.

Havi now wants to take Ang’awa’s position as the petitioner stating that the case was of public interest.

“Some of these people do not know what state profile is. What we claim is not a child's play. There is no application for withdrawal of the case but a substitution. The petitioner is not interested in pursuing the petition. Public interest cannot be trivialised,” argued Havi.

Ministry of Education, Teachers Service Commission, Kenya Institute of Curriculum Development, Kenya National Union of Teachers and Kenya Union of Post Primary Education Teachers, Education CS George Magoha and his Ministry of Interior counterpart Dr Fred Matiang’i put up a spirited fight against the application.

In their separate responses, they argued that Ms Ang’awa had sued in her personal capacity, therefore, her lawyer could not take her position.

Principal state counsel Emmanuel Bitta in his response argued that MsAng’awa had not sworn an affidavit in support of her allegation.

In this case, he represents KICD and the Ministry of Education.

TSC lawyer Calvin Anyuor told the court that since Ms Ang’awa was no longer interested in the case, the only solution was to mark it as withdrawn.

Meanwhile, senior lawyers Fred Ngatia and Phillip Murgor also buttressed that the case should be dismissed or marked as withdrawn.

Ngatia, who represents Dr Matiang’i said the facts of the case were only known by Ms Ang’awa and therefore her name cannot be substituted with that of her lawyer.

Murgor urged the court to close the matter and allow CBC to continue. According to him, Anga’wa should pay for the responses filed in the case.