The High Court has suspended the decision by the Kenya National Examinations Council (KNEC) to administer the mid-year series of the Kenya Certificate of Secondary Education (KCSE) exam.
The July exam was set targeting repeating candidates who wish to improve their previous grades, where they would be categorised as full repeaters sitting seven or more subjects, or partial repeaters sitting less than seven subjects.
The court however temporarily halted the process after Nakuru-based doctor Magare Gikenyi filed a petition challenging the move citing a lack of public participation.
“The application has met the threshold for granting of conservatory orders at this stage. I proceed to issue conservatory orders…to preserve the subject matter pending interpartes hearing,” Kisii High Court Lady Justice Odera Teresa Achieng ruled.
In his petition, Dr. Gikenyi argued that there is no evidence to suggest that stakeholders or the public were involved in the decision-making process.
He also contends that the guidelines have created two categories of candidates: one group with a limited preparation period (July) and another with a longer revision period (November).
According to Dr. Gikenyi, this distinction lacks rational justification and violates Article 27, read together with Articles 24, 10, 73, and 75 of the Constitution.
Further, he asserted that the KCSE exams have historically been conducted in November, creating a legitimate expectation among learners that if they failed, they could retake the exams.
“Changing the exam dates abruptly without consulting affected learners, parents, and stakeholders goes against the legitimate expectations of the candidates and their right to fair administrative action,” the petition read in part.
The petition came just three days after KNEC announced the opening of registration for potential candidates, from January 26 to February 21, 2025, for the mid-year exam.
