KNEC's dilemma as activist files case challenging mid-year exams

Nakuru based surgeon and rights activist Dr Magare Gikenyi at Bobasi in Kisii County. [Sammy Omingo, Standard] The Kenya National Examinations Council (KNEC) has questioned the jurisdiction of the High Court in a case challenging the introduction of mid-year Kenya Certificate of Secondary Education (KCSE) examinations. KNEC, through lawyer Geoffrey Obura, has filed a preliminary objection in a suit brought by Nakuru-based doctor Magare Gikenyi. Appearing before Kisii High Court Judge Teresa Odera, Obura said KNEC has also filed an application seeking to overturn an earlier court order halting the implementation of the mid-year examinations. "It is true we have filed a notice of preliminary objection, raising protest as to the jurisdiction of the Court. We have also filed a replying affidavit to the petition and an application for vacation of conservatory orders," said Obura. Obura proposed to the court to deal with their preliminary objection and the application to set aside the conservatory orders. He urged the court to prioritise the matter, arguing that it affects a large number of stakeholders. "With the court having issued conservatory orders, these people are put in limbo and so is KNEC in organising the examinations. If the Court can bear with us and make a considered decision within the next few days we will appreciate it," he added. KNEC CEO Dr. David Njengere has dismissed Gikenyi's suit, saying it based on a misconception of the law, distortion of facts, and wrong assumptions. Njengere argued that there was already public awareness regarding the need for a mid-year examination series. He said KNEC conducted stakeholder engagements on the issue between July and November 2024. "Repeaters who have just sat KCSE examinations in November 2024 do not have to wait until this year in November 2025 to re-sit the papers. A long wait erases the memory of what they learned in preparation for the examination in which they were unsuccessful," stated Njengere. He also criticised the court for issuing conservatory orders without hearing KNEC's position. With the 8-4-4 system set to end in 2027, Njengere said KNEC anticipates an increased number of candidates wishing to sit for national exams. "The conservatory order issued by the court and any other order which the court might pronounce barring the implementation of the scheme of examination administration proposed would not be in the best interest of the public who reportedly have been flocking registration centers," he added. In his petition, Gikenyi has sued KNEC, its CEO Dr. Njengere, Education Cabinet Secretary Julius Ogamba, and the Attorney General. The Kenya Secondary School Heads Association, Kenya Private Schools Association, and Kenya Parents Association have been listed as interested parties. Gikenyi argues that making the July exams mandatory violates candidates' right to choose when to sit for their exams. He also claims the abrupt change in examination dates, without sufficient public consultation, goes against legitimate expectations. He cited conflicting statements made by Education CS Ogamba and KNEC. During the release of the 2024 KCSE results, the CS announced that a mid-year KCSE series would be introduced, targeting candidates wishing to retake the exam, those who missed it due to illness or other hardships, and adult learners. The registration for the July examination began on January 27 and is set to close on February 21. Gikenyi wants the court to declare the ministry's decision unconstitutional, arguing that it was made without public participation. He is also seeking an order quashing the mandatory registration of repeat candidates and adult learners for the July KCSE series. Additionally, he wants the court to compel KNEC and the Ministry of Education to allow candidates to choose whether to sit for the July or November exams. He further argues that the Education CS and KNEC CEO should be held liable for negligence, citing procedural failures in the rollout of the new examination schedule.

KNEC's dilemma as activist files case challenging mid-year exams

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