Former KCPE candidates sue KNEC, CS education over poor results

Milimani Law Courts, Nairobi.

Some students from Kitengela International School and SET Greenhill Academy have sued KNEC and the CS education over irregularities in the marking of the 2023 KCPE exams which have led them to be awarded poor results.

The students want the court to issue a conservatory order temporarily suspending the education CS Ezekiel Machogu’s declaration of the form one placement exercise slated to begin on 27th November 2023.

Their guardians claim that the respective schools have always performed better in previous KCPE examinations and expected similar outcomes from their children this year.

Through lawyer Danstan Omari, the court heard that the students, guardians and the schools in general were shocked by the results they received since they have never performed so poorly before.

They blamed the mix-up on the government’s directive to rush the release of the results.

“It is a matter of local notariety that there were widespread irregularities in the 2023 KCPE exams results, thus, the integrity of the marking process has been called to question,” Omari said.

The applicants want the court to take judicial notice of the uproar by the teachers, students and members of the general public after the results were announced as there were alleged serious anomalies in the making process.

Omari added that the form one placement is set to start on 27th November 2023 and the applicants are apprehensive that the exercise is rushed and makes meaningless the 90-day review period provided under the rules.

This, they say, will be an unreasonable action on the part of the government as the actions will make the children miss the secondary school of their choice should the review be in their favour.

The court heard that the results have caused the children mental anguish and torture and the guardians have written to the Kenya National Examinations Council (KNEC) requesting for review under section 27 of the KNEC rules.

Those sued are the Kenya National Examinations Council (KNEC), CS education, the Attorney General, Ministry of labour and Social Protection, Director of Children Services, the Teachers Service Commission, Kenya Human Rights and Equality Commission, the Director of Public Prosecution and the Directorate of Criminal Investigations.

The schools have been named as interested parties in the suit.