The case challenging the Competency Based Curriculum (CBC) was yesterday referred to the Chief Justice to appoint uneven Bench to hear and determine the matter.

High Court Judge Antony Mrima directed that the file be placed before Justice Martha Koome to appoint no less than five judges to hear and determine the case which he said raises substantial issues.

“This petition raises substantial and novel issues requiring consideration by an uneven number of judges, being not less than five to be assigned by the Chief Justice,”Mrima said.

He directed the case that was filed by a parent Esther Ang’awa challenging the new system to be mentioned before the bench on December 7, 2021 for directions on hearing.

In the case, Ang’awa who is being represented by LSK President Nelson Havi is urging the High Court to quash the new education system and revert to the 8-4-4 education system.

She says CBC is burdensome, costly and confusing learners given the scarcity of facilities to effectively administer it.

The court has since enjoined several interested parties in the case including the Kenya Private Schools, Kenya Primary Schools Headteachers Association, the Kenya Union of Post Primary Education Teachers and the National Parents Association.

“That the actions of the first to the four respondents as set out in the petition are manifestly unconstitutional and unlawful, are prejudicial to the future of the children of Kenya and ought to be halted pending the determination of the questions raised in the petition,” Ang;’awa states.

She wants the court to bar the state from further implementation of the new curriculum pending the hearing and determination of her case.

Those listed as the respondents in the case include Cabinet Secretaries George Magoha (Education) and Fred Matiang’I (Interior), the Kenya Institute of Curriculum Development, Kenya National Examination Council, Teachers Service Commission, Kenya National Union of Teachers, the National Assembly.

“An order of injunction be issued restraining the government from further implementing the Kenya competence based Curriculum introduced through the basic Basic Education Curriculum Framework, 2017 and Sessional Paper 1 of 2019 on Policy Framework for Reforming Education and Training for Sustainable Development in place of the existing system and structure of basic education (8-4-4) codified under section 41 of the Basic Education Act no 14 of 2013 and the existing curriculum in respect there to,” reads the court papers in part.

Ang’awa further wants the court to issue conservatory orders staying further steps towards the implementation of the CBC in order to prevent further denial, violation or infringement of rights of children to education and free and compulsory basic education is concerned.