High Court Halts Plans By KNEC To Have A Mini-KCSE In July

The High Court has issued a suspension on the decision by the Kenya National Examinations Council (KNEC) plans to administer the mid-year series of the Kenya Certificate of Secondary Education (KCSE) exam.
KNEC announced a retake of KCSE exams in July, targeting candidates who wished to improve their previous grades from the 2024 exams with a second chance.
The court however temporarily suspended the process after Nakuru-based doctor Magare Gikenyi met the threshold to issue conservatory orders, 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 interparty hearing,” Kisii High Court Lady Justice Odera Teresa Achieng ruled.
This came after Gikenyi sued KNEC, claiming repeat exams mid-year would undermine national examinations’ integrity. According to Dr. Gikenyi in his petition, he argued that there is no evidence to suggest that stakeholders or the public were involved in the decision-making process.
“If this honorable court does not stop the illegal actions and omissions committed by the respondents, then the outlined constitutional violations will continue, undermining the rule of law and principles of good governance,” he proclaimed in his petition.
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 reads in part.
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