A community-based organization is suing the Kenya National Examination Council (KNEC) over concerns about the integrity and accuracy of the 2023 KCSE results.
Operation Linda Jamii has filed a petition at the Milimani Law Courts in Nairobi, accusing Education Cabinet Secretary Ezekiel Machogu of violating Section 10 of the KNEC Act of 2023, which grants the council the sole authority to regulate the grading system of national examinations and unilaterally changing the KCSE grading system.
The petitioner also claims that Article 10 of the Kenyan Constitution, which addresses fundamental governance principles and national values, was broken by the absence of public involvement before implementing the new system.
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Operation Linda Jamii notes that although the Ministry of Education justified altering the system to permit more applicants to enter universities directly, the proportion of applicants placed directly under the new system fell to 58.27% from 59.14% in 2022.
The petitioner claimed that the KNEC Act of 2012 did not foresee the release of results in a provisional state. KNEC, identified as the first respondent, was also held accountable for posting preliminary results on its portal.
The Oruba Boys Secondary School in Migori County, where every applicant with a mean grade of D plain had a deviation of 1 to 2 points, was one of the examples used by the council to support its allegations of a lack of accountability and transparency in the computation of the KCSE exam results.
Now, Operation Linda Jamii is requesting conservatory orders to stop the Kenya Universities and Colleges Central Placement Service (KUCCPS) from placing students, claiming that there are still concerns about the validity and reliability of the KCSE 2023.
Along with other orders, the court will deem it appropriate to grant in the interest of justice. It also requests orders compelling KNEC to provide the court with marking reports of all subjects examined under KCSE 2023 and chief invigilators' reports from all examination centers.
KNEC and the Ministry of Education are anticipated to submit their answers within 14 days following the service date.
The Kenya Universities and Colleges Central Placement Service has been forbidden as an additional interested party.
The case is scheduled to be discussed on March 12, 2024.
