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Parents, unions seek to be enjoined in CBC case

By Kamau Muthoni | September 29th 2021


Education CS Prof George Magoha addresses journalists when he toured Kakamega High School on September 9, 2021. [Mumo Munuve, Standard].

Parents, private schools, teachers and head teachers’ associations are seeking to be enjoined in a case on the Competency-Based-Curriculum (CBC).

National Parents Association (NPA), in its application seeking to be enjoined in the case before High Court judge Anthony Mrima, argues that in the event the court issues orders without its participation, children’s interests will be affected.

The association, through its lawyer Elizabeth Akinyi, argues that the petitioner, lawyer Esther Ang’awa, has not undertaken to compensate those who will be affected by the temporary orders.

“The interested parties’ interests and those of the children will be grossly affected by the case,” the association’s chairperson Nicholas Maiyo argues.

Maiyo claims that Ang’awa might mislead the court if NPA is not allowed to participate in the case.

Kenya Private Schools Association (KPSA) argues that it will suffer losses, adding that the case will disrupt the lives of students.

KPSA says it has fully embraced CBC, adding that Ang’awa has come too late in the day since CBC was implemented six years ago.

“The applicant’s member schools have fully embraced CBC and have implemented it in the last six years whereof any order or directive coming at this stage with the effect of materially altering or derailing the running of the curriculum will severely affect the over two million students in the applicant’s schools,” the Mutheu Kasanga-led association argued.

Kenya Union of Post-Primary Education Teachers (Kuppet) argues that although CBC has teething problems, it has the best interest of the children.

According to the union, it will be unfair for the court to force learners to revert to the 8-4-4 system.

It argues: “In principle, Kuppet is in support of CBC as the most progressive education structure given locally suited and international best practices… In this regard, Kuppet is categorical that CBC is formulated in the best interest of the Kenyan child and any attempt to revoke the same would be tantamount to throwing the baby with the bathwater.”

Kenya Primary Schools Headteachers Association reiterates the position taken by the three unions. It argues that if the orders are issued, it will affect more than 10,000 school heads.

“The intended interested party has heavily invested its resources towards CBC as it has been heavily involved in the realisation of by actual implementation and training,” says the association.

In this case, Education and Interior Cabinet secretaries have hired top-notch lawyers to defend CBC.

Education Cabinet Secretary George Magoha has enlisted the services of lawyer Phillip Murgor, while his Interior counterpart Fred Matiang’i has instructed Fred Ngatia to defend the ministry in the case filed by lawyer Ang’awa.

Attorney-General Kihara Kariuki will be represented by Immanuel Bitta while the Kenya National Union of Teachers (Knut) is relying on John Mbaluto. In a precursor of what to expect, Ngatia and Murgor opposed an application by Ang’awa’s lawyer, Nelson Havi, to allow interested parties to join the case without a formal application.

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