KUCCPS and KNEC Taken To Court

KUCCPS and KNEC Taken To Court

KUCCPS and KNEC Taken To Court

A Kenyan community-based organization called Operation Linda Jamii filed a lawsuit against the Kenya National Examination Council (KNEC) in relation to the 2023 KCSE results. The outcome of the lawsuit could have an impact on how students are assigned to schools and institutions.The organization questioned KNEC’s integrity and credibility in tabulating the results of the 2023 KCSE exams in its petition.

The case, filed at the Milimani Law courts and certified as urgent, accuses KNEC  of various things, including not being transparent in the way results are calculated. The petitioner used Oruba Boys High School in Migori County, where every student  who received a D grade had a variation of 1-2 points, to bolster their claims.

The petitioner questioned KNEC’s decision to release provisional results, pointing out that Section 12 of the KNEC Act prohibits the same.The alteration of results obtained from the portal, wherein certain candidates received an A- on one slip and a different grade on another, was another concern mentioned in the case.

Further, the organisation accused Education Cabinet Secretary Ezekiel Machogu of altering the grading system singlehandedly without consultation. According to Operation Linda Jamii, such powers are limited to KNEC only under Section 10 of the Kenya National Examination Council Act.The petitioner alluded that the move by Machogu contravened the Constitution as he did not involve the public while establishing the new grading system.

The goal of the new grading system is to enable more students to enroll in institutions, but as Linda Jamii pointed out, fewer candidates satisfied the requirements for direct admittance than the year before.

KUCCPS was enjoined in the case as the petitioner sought conservatory orders to stop the placement of students in universities and colleges.Similarly, the activists called on KNEC to produce marking reports of all subjects that were examined in last year’s KCSE. In addition, they asked for reports from all exam chief invigilators countrywide.

It was mandated that KNEC and the Ministry of Education provide their answers within 14 days after the date of service. KNEC has not yet replied to questions regarding the matter. A council officer made the decision to remain silent, claiming the issue was under appeal.