High Court Upholds CBC.
The High Court has ruled that the Competency-Based Curriculum (CBC) is here to stay. This decision supports the CBC’s goal of equipping learners with essential skills for their future. Since its implementation in 2019, CBC has aimed to transform the educational landscape in Kenya.
A three-judge bench emphasized that stopping CBC now would disrupt the education system. They noted that teachers have already received training and the government has allocated funds for the curriculum’s implementation. The judges stated, “Stopping implementation will cause havoc in the education system.”
The High Court directed the Cabinet Secretary for Education to create laws that align CBC with existing legal structures within 120 days. Although the Ministry of Education has drafted amendment bills, they still need Cabinet approval before reaching Parliament.
Judges Hedwiq Ong’udi, John Chigiti, and Antony Ndung’u also instructed the Ministry of Education to establish a committee for implementing the Presidential Working Party on Education Reforms (PWPER) report. They expressed satisfaction that CBC is essential for imparting skills to learners.
The court dismissed a petition by former Law Society of Kenya (LSK) president Nelson Havi, who sought to scrap CBC and reinstate the 8-4-4 system. The judges concluded that Havi failed to prove his case. as a result, they highlighted that scrapping CBC would violate children’s right to education and be against public interest.
Addressing claims of inadequate public participation before CBC’s implementation, the judges pointed out that significant public engagement took place. Various groups, including faith-based organizations, the general public, and key educational stakeholders, participated in discussions, meeting the legal requirement for public participation.
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The court stressed that the best interest of the child is paramount. They ruled, “A court must do everything to preserve the rights of minors.” The judges noted that nullifying CBC would result in job losses and waste taxpayers’ money already spent on the curriculum’s implementation. They questioned, “Will it be in the best interest of the child to make him forget what he has learned to learn something else?”
The original petitioner, High Court advocate Esther Ang’awa, filed the case in 2021. However, she withdrew due to alleged profiling by the State. Nelson Havi replaced her, and court documents were amended accordingly.
The CBC rollout began in January 2019 with Pre-Primary I and II and Grades 1, 2, and 3 in lower primary. The pioneer class is now in Grade 8 of junior school and will join senior school in January 2025. As a result, the 2-6-3-3-3 curriculum promises to be a game-changer by updating teaching methodologies and revising curriculum content to address challenges seen in the 8-4-4 system, which was often criticized for encouraging rote learning.
The High Court’s ruling ensures that CBC remains a cornerstone of Kenya’s educational system. This decision prioritizes children’s rights and educational needs, ensuring that the curriculum continues to develop and prepare learners for the future.
In summary, the High Court has affirmed the importance and necessity of the Competency-Based Curriculum, highlighting its benefits and the extensive public participation involved in its development. This ruling not only safeguards the future of Kenyan children but also strengthens the nation’s commitment to educational excellence.
High Court Upholds CBC.
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