A three-judge bench has declined to stop the rollout of the Competency-Based Curriculum (CBC) which replaced the 8-4-4 education system in Kenya.
The judges have, however, ordered the Education Cabinet Secretary to amend the education laws to align with the structure of CBC within 120 days. They have also directed the Ministry of Education to set up a committee for the implementation of the report on CBC.
Judges Hedwig Ongundi, Antony Mrima and Antony Ndung’u ruled that the shift to CBC is necessary to ensure that learners are given the necessary skills. While dismissing the petition filed by lawyer Nelson Havi, the bench stated that he had not proved his case.
The court said that stopping the implementation of CBC would cause havoc in the education system, offend the right to education, and be against public interest. The judges also noted that there was serious engagement with the education system, faith-based organizations, the public, and key stakeholders, dismissing Havi’s allegations of lack of public participation.
The court emphasized that the best interest of the child is the paramount consideration, and that scrapping CBC would lead to job losses and a waste of public and taxpayer money that has already been used in rolling it out.
The national rollout of the Competency-Based Curriculum started in January 2019 at Pre-Primary I and II and Grades 1, 2 and 3 in lower primary. The 2-6-3-3-3 curriculum was billed as the ultimate game changer in the country’s education, seeking to plug gaps noted under the 8-4-4 system of rote learning.
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