Nairobi
Thursday, 20 June, 2024
By Felix Mogaka
The petition challenging Kenya’s Competency-Based Curriculum (CBC), which replaced the longstanding 8-4-4 education system, has been dismissed by a three-judge bench.
The judges, Hedwig Ongundi, John Chigiti, and Antony Ndung’u, made their decision in consideration of the best interests of children and the potential disruption to the education system if the petitioners’ demands were met.
Lawyer Nelson Havi had argued that there was insufficient public participation in the adoption of CBC, but the court disagreed, noting extensive engagement with education stakeholders, faith-based organizations, and the general public prior to its implementation.
The judges emphasized that preserving the rights of children is paramount, highlighting that any decision must consider the impact on minors.
“The best interest of the child is paramount consideration a court must do everything to preserve the rights of the minor,” court noted.
The court also addressed concerns about the economic implications of scrapping CBC, pointing out potential job losses and the wastage of resources already invested in its rollout.
They questioned whether reverting to the previous system would be in the children’s best interests, considering the significant educational and infrastructural investments made under CBC.
“What will be results of nullifying the CBC…will it be in the best interest of the child to make him forget what he has learnt to learn something else?” Court asked.
Furthermore, the judges rejected claims that CBC promotes child labor, asserting that the curriculum shift is intended to equip learners with practical skills necessary for the modern world.
They underscored that over 8 million children are already benefiting from CBC, with substantial government allocations for teaching materials and infrastructure enhancements.
“It’s evident that CBC has been rolled and over 8 million children …teaching materials prepared …classrooms …government made budget allocation and finds set aside,” court noted.
In their ruling, the bench stressed the importance of the “best interest of the child” principle, echoing international standards that prioritize children’s rights in all decisions affecting them.
They argued that maintaining CBC ensures continuity and stability in the education sector, benefiting the current generation of students and future ones.
The decision to uphold CBC was rooted in the extensive consultations and planning that preceded its implementation, aiming to align Kenya’s education system with global trends in competency-based learning.
The court acknowledged the complexities involved but ultimately sided with maintaining CBC to avoid disruption and to honor the commitments made to enhance educational outcomes.
Critics of CBC had raised concerns about its suitability and the adequacy of public input during its adoption process.
However, the court found no legal basis to invalidate CBC, emphasizing the thoroughness of the consultation process and the educational benefits it promises to deliver over time.
The petition reaffirms the government’s stance on CBC as a progressive step towards equipping Kenyan students with practical skills.
The court’s decision reflects a balancing act between legal considerations, educational policy, and the best interests of the children affected by these reforms.