Two parents moved to court yesterday calling for investigations at Kenya National Examinations Council over the irregularities in the results of the 2023 Kenya Certificate of Primary Education (KCPE) exams.

Documents filed in court by parents from Kitengela International School and Set Greenhill Academy Mixed Day and Boarding and Junior School claim the KCPE exams results released last Thursday were neither fair nor credible. The parents, Pius Kiio and Everlyn Kemuma Omwoyo, want the court to issue temporarily orders suspending Education Cabinet Secretary Ezekiel Machogu’s declaration of the Form One placement that was to begin yesterday.

“That ex parte and pending the hearing and determination of the petition the honorable court be pleased to issue a conservatory order temporarily suspending the 3rd Respondent’s (Education Cabinet Secretary Ezekiel Machogu) declaration of the form one placement exercise slated to begin on November 27, 2023,” they seek in their court papers.

Kiio and Kemuma through lawyer Danstan Omari says they are aggrieved by the massive irregularities in the 2023 KCPE exams results arguing that it is not possible for students in the same school to score the same marks.

The Kenya National Examinations Council offices, the petitioners believe, are a crime scene and their activities preceding the release of the 2023 KCPE results should be investigated.

They further want the court to compel the KNEC and the CS Machogu to have the KECP results review afresh since the examination services provided by KNEC as a state institution need to be of high quality.

“I am dissatisfied with the way my child’s papers were marked in the just released KCPE examinations and through the school, other parents and I have written to the Chief Executive Officer of the Kenya National Examinations Council and the Isinya Sub-County Director of Education requesting for review under section 27 of the Kenya National Examinations Council Marking of examinations, release of results and certification rules,” Kiio says.

Lawyer Omari says that CS Machogu and KNEC has failed to respect, uphold and defend the constitution by flagrantly putting the future of the Kenya kids in confusion and jeopardy. “By releasing KCPE results that have massive errors yet the same are to be used to place students in secondary schools, KNEC fails to uphold the children’s right to education by making a mockery of the same education,” Omari states in the petition.

Lowered self-esteem

He adds that it is discriminatory to release results which do not reflect the ability of respective students of set Greenhill Academy Mixed Day and Boarding and Junior School.

“This has led to a lowered self-esteem among the students, a fact which has thrown the concerned students into mental anguish trying to find answers. Their potential has been hidden by the release of the KCPE results which they believe have deemed their legitimate expectations. Their right to go to schools of their choice appears from a distant because they believe they are victims of a non-vigilant state agency that deals with marking of national examinations,” lawyer Omari argues.

He further, contends that KNEC has failed the rule of law under article 10 by not carrying out their mandate stipulated under the Kenya National Examinations Council Act.

“ The actions of the council do not by any means promote the values that underlie an open and democratic society based on human dignity with a special protection of vulnerable groups. Children are vulnerable members of the society,” he says.

The lawyer adds that the children of the petitioners who just received their results which do not match the hard work they have put it shall be disenfranchised further unless the court protects their fragile minds by directing that their KCPE results are reviewed in good time in the wake of rampant irregularities that have been reported around the Republic of Kenya.

Omari has cited Article 35 puts the State under obligation to publish and publicise any important information affecting the nation adding that KCPE results are a matter of national importance and it is against the candidates’ legitimate expectations when such important results are not checked for apparent errors on record before release

He says students from various schools including those of the petitioners from Greenhill Academy Mixed Day and Boarding and Junior School stand to lose opportunities in schools of their choice due to what they believe are erroneous results.