The High Court has temporarily stopped the Kenya National Examinations Council (KNEC) from introducing a mid-year Kenya Certificate of Secondary Education (KCSE) exam.
The July exam was designed for candidates retaking the national test, with those repeating all subjects required to sit at least seven, while partial repeaters could select fewer.
However, the decision faced legal opposition from Nakuru-based doctor Magare Gikenyi, who argued that the policy lacked public participation.
In response, Kisii High Court Lady Justice Odera Teresa Achieng issued conservatory orders suspending its implementation until the case is heard and determined.
“The application has met the threshold for granting of conservatory orders at this stage. I proceed to issue conservatory orders…to preserve the subject matter pending inter-partes hearing,” Justice Achieng ruled.
Gikenyi challenged the move, citing concerns over fairness and equality. He argued that the new policy—announced by Education Cabinet Secretary Julius Migos Ogamba on January 8 and formalized by KNEC on January 22—creates two groups of candidates: those with an abbreviated preparation period for the July exam and those with the standard revision time for the November exam.
He further contended that this distinction is unfair and violates constitutional provisions on equality and fair administrative action.
Additionally, Gikenyi asserted that candidates traditionally expect to sit their KCSE exams in November and that introducing a mid-year exam without proper consultation puts repeaters and private candidates at a disadvantage, especially since they must finance their own examinations.
The shortened registration period—from January 27 to February 21, 2025—was another key issue raised in the petition. Gikenyi argued that the limited timeframe could disadvantage self-sponsored candidates, who often require more time to prepare and register.
He also pointed out inconsistencies between the Ministry of Education and KNEC, noting that while the Education CS had described the July exam as optional, KNEC’s guidelines appeared to make it mandatory for adult repeat candidates. This contradiction, he warned, could create confusion and negatively impact students’ academic progress.
The petition also highlighted the economic strain facing many Kenyans, arguing that requiring repeat and private candidates to cover their exam costs exacerbates existing inequalities in access to education.
With the country grappling with a tough economic climate and increased taxation, Gikenyi contended that instead of alleviating financial burdens, the policy places an additional strain on learners.
“Kenya’s economy is struggling, leading to significant financial strain and heightened taxation for many citizens. Instead of addressing these challenges, authorities have introduced an unconstitutional policy that further punishes learners,” he argued.
The case is set for further hearings, with stakeholders awaiting the court’s final decision on the controversial policy.
