The High Court has temporarily suspended the Kenya National Examinations Council (KNEC) from administering the proposed mid-year Kenya Certificate of Secondary Education (KCSE) exam. The ruling follows a legal challenge questioning the legitimacy of the decision-making process.
The July examination was designed for candidates seeking to improve their previous KCSE grades. Under the plan, candidates would be classified as either full repeaters—taking seven or more subjects—or partial repeaters, sitting fewer than seven subjects.
However, the implementation has been put on hold after Nakuru-based doctor Magare Gikenyi filed a petition arguing that the decision lacked public participation. In a ruling, Kisii High Court Lady Justice Odera Teresa Achieng granted temporary conservatory orders to halt the process, pending a full hearing.
“The application has met the threshold for granting conservatory orders at this stage. I proceed to issue conservatory orders… to preserve the subject matter pending inter partes hearing,” Justice Achieng ruled.
Dr. Gikenyi contended that there is no clear evidence showing that stakeholders or the public were consulted before the policy was introduced. He further argued that the move creates an unfair distinction between candidates, with those taking the July exam having significantly less time for preparation compared to those sitting in the traditional November period.
Citing constitutional provisions, the petitioner claimed that this abrupt change lacked rational justification and contravened Articles 27, 24, 10, 73, and 75 of the Constitution.
Historically, KCSE exams have been held in November, creating an expectation among students that retakes would also occur during the same period. “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 was filed just three days after KNEC announced the opening of registration for the mid-year exam, scheduled to run from January 26 to February 21, 2025.
The case now awaits a full hearing, where stakeholders will have the opportunity to present their arguments on the validity and impact of KNEC’s decision.