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Law Society of Kenya President Nelson Havi has filed a petition against the Competency-Based Curriculum that was introduced by the Ministry of Education.
According to the documents seen by Pulse Live on Friday, September 17, Havi, acting on behalf of lawyer Esther Ang’awa, wants the government to halt the implementation of CBC.
The respondents are Education CS George Magoha, the Kenya Institute of Curriculum Development, Kenya National Examination Council, the Teachers Service Commission, Kenya National Union of Teachers, the National Assembly, and Interior CS Fred Matiang’i.
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Have said that the respondents contravened Section 41 of the Basic Education Act No 4 of 2013 in purporting to overhaul and replace the system and structure of basic education.
He argued that CBC was based on vocational education and training approaches for adults and thus not applicable for basic education of children in Kenya.
The LSK president also asked that the matter be heard by a 5-judge bench.
“Dr Fred Matiang’i and Prof George Magoha will have to explain the basis upon which they replaced 8-4-4 system of education codified in Sec 41 of Basic Education Act in the guise of changing curriculum when the system of education is a function of legislation by Parliament,” Havi said.
A section of parents had been complaining about the cost of implementing the new system, saying some elements were impractical and would disenfranchise children from marginalised areas.
While Havi enjoys the support of many parents, others are questioning the impact of halting the CBC which has already been allocated a budget over the years.
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“I pray it’s thrown out (petition) coz either way as parents we will lose. CBC has been there for five years why did you not stop it then? I would not want my child to be tossed around just because you want to fight the state. You think this is BBI?,” Eve Njenga said.
“My senior was long overdue. Thank you! No way we can give si much power to few individuals to decide the fate of our education system. Sec 41 was violated grossly by Fred Matiang’i. CS Amina had her reservations but Kenyatta kicked her out. Magoha no much blame. He was ordered,” argued Anyona, a lawyer.
“Wakili my suggestion would be that the legal fraternity to help MOE to fix the issues exhibited in CBC not to challenge it. CBC is the way to go and the reality about the changing world. My 2cents though!,” said James Wambura.