Editor's Review

The three judges said Havi's case is of public importance and will go on as scheduled. 

The Law Society of Kenya (LSK) President Nelson Havi can now breathe a sigh of relief after three High Court judges declined to terminate the case challenging the Competency-based Curriculum (CBC).

The three judges Hedwiq Ong’udi, Antony Mrima, and Antony Ndung’u declined an application filed before the courts seeking to terminate Nelson Havi's case, saying the case will go on as planned.

According to the three, the CBC suit raises matters of great public interest and should not be terminated. The courts observed that Havi's petition challenges the authenticity of the CBC education system and will determine the well-being and future of the Kenyan child.

“The suit raises serious constitutional issues, which should be synthesized, articulated, digested and adjudicated before a determination is rendered,” ruled the three judges.

The ruling came after Education Cabinet Secretary George Magoha had asked the three judges to dismiss the petition. Magoha, through Senior Counsel Philip Murgor, had rubbished Havi's petition claiming the new curriculum had taken off and should not be hindered.

Nelson Havi in September 2021, filed a petition against the implementation of CBC. In his petition, Havi claimed that the new curriculum is burdensome to students and parents.

He also argued that the Competency-Based Curriculum (CBC) was rolled out without prior preparations and consultations adding that its implementation will harm children's future because the teachers were ill-prepared.

"The education system in Kenya should not be an expensive, inefficient and ineffective experiment with our children and their future as is our leadership," said Havi while launching the petition.

Havi took over the petition from lawyer Esther Ang’awa after she lost interest in the case. Ang'awa, who is also a parent said she had stepped down from the petition and allowed Havi to carry on with the mantle after government agencies allegedly began negatively profiling her.

Among those who have been sued in the case include Cabinet Secretary George Magoha, Kenya Institute of Curriculum Development (KICD), Teachers Service Commission (TSC), Kenya National Union of Teachers (Knut), National Assembly, and Interior CS Fred Matiang’i.