Chief Justice Martha Koome has appointed a three-judge Bench to hear the case challenging the new Competency Based Curriculum.

In a circular released yesterday, the CJ appointed justices Hedwig Ongudi, Anthony Ndungu and Anthony Mrima to hear the petition.

Justice Mrima had referred the case to Koome (pictured) to appoint an uneven Bench to hear and determine the matter, saying the case raised substantial issues.

“This petition raises substantial and novel issues requiring consideration by an uneven number of judges, being not less than 5 to be assigned by the Chief Justice,” Mrima said.

He directed that the case, which was filed a by a parent, Esther Ang’awa, an advocate of the High Court, challenging the new education system, be mentioned before the new bench for further directions.

In the case, Ang’awa, through her lawyer, Law Society of Kenya President Nelson Havi is urging the High Court to quash the new education and revert to 8-4-4 system, saying it is burdensome, costly and confusing learners given the scarcity of facilities to embrace the new system.

The petitioner also argues that actions by Education Cabinet Secretary George Magoha and his team to introduce the new curriculum is unconstitutional and unlawful.