Through High Court advocate Esther Ang’awa, Havi filed the petition on Friday, September 17 seeking to stop the government from continuing with the implementation of CBC.
“An order of injunction be issued restraining the government from further implementing the Kenya competence-based Curriculum introduced through the basic Basic Education Curriculum Framework, 2017 and Sessional Paper 1 of 2019 on Policy Framework for Reforming Education and Training for Sustainable Development in place of the existing system and structure of basic education (8-4-4) codified under section 41 of the Basic Education Act no 14 of 2013 and the existing curriculum in respect thereto,” reads the court papers in part.
Havi is also seeking for the case to be transferred to Chief Justice Martha Koome for assignment of uneven judges to hear and determine the matter.
“That the notice of motion filed herein together with the petition seeks certification as the same raises substantial and novel questions requiring consideration by an even number of judges, being not less than five to be assigned by the Chief Justice,” Havi argues.
In his petition, the LSK president argues that the further implementation of CBC infringes on the rights of students across the country.
Apart from Magoha and Matiang’i, Havi has listed Kenya Institute of Curriculum Development (KICD), Kenya National Examination Council (KNEC), and Teachers Service Commission (TSC) as responders to the case.
He further claims that the 8-4-4 system was replaced unconstitutionally.
“That the actions of the first to the four respondents as set out in the petition are manifestly unconstitutional and unlawful, are prejudicial to the future of the children of Kenya and ought to be halted pending the determination of the questions raised in the petition,” he says.
Justifying the move to file the petition, Havi noted that he was prompted by parents’ outcry on the burden of CBC. He terms the new systems as a fraudulent curriculum.
â€œThere is a wide public outcry in the manner in which the CBC Curriculum has been imported from other jurisdictions (where it has failed to achieve intended objectives) without due process of the law, applied in basic education in the absence of all stakeholders involvement, with the result that children are forced to make career choices before acquiring knowledge and general learning necessary to inform the selection of pathways in education and training when they lack the capacity to do so.”
â€œCBC is a fraudulent curriculum that is being forced on the nation of Kenya and it was rolled out without a professional perspective,â€ he argues.
The outspoken lawyer claimed that the system was imposed on parents and students as it was not initially part of the Jubilee Administration manifesto.
â€œAn unlawful overhaul and change of the system and structure of the basic education of the curriculum by the Jubilee administration in purported pursuit of legacy projects is an argument that is not in tandem with what was promised but is escapist, seeking to place the blame for lack of viable policies to ensure employment and economic empowerment for all citizens on children by falsely asserting that the 8-4-4 system of education makes them incompetent and unemployment,” says Havi.
The petition comes despite Magoha making it clear that CBC is unstoppable.