The High Court, on Thursday, November 25, referred the case seeking to quash the new Competency-Based Curriculum (CBC) to Chief Justice Martha Koome.
Justice Antony Mrima directed CJ Koome to constitute a bench of not less than five judges to determine a case he said raises substantial issues.
"This petition raises substantial and novel issues requiring consideration by an uneven number of judges, being not less than 5 to be assigned by the Chief Justice, "Mrima said.
He directed the case that was filed by a parent Esther Ang'awa who is also a lawyer by profession challenging the new education system (CBC) to be mentioned before the bench on December 7, 2021, for directions on hearing.
The case was mentioned before Justice Mrima virtually for directions after Ang'awa sought to have the uneven number of judges be appointed by the Chief Justice to adjudicate the case.
In this case, Ang'awa who is being represented by LSK president Nelson Havi is urging the High Court to quash the new education and revate the 8-4-4 system saying it is burdensome, costly and confusing learners given the scarcity of facilities to embrace the new system.
The judge has since enjoined several interested parties in the case. They include Kenya Private Schools, Kenya primary school headteacher association, Kenya Union of Post Primary Education Teachers and National parent Association.
The petitioner also argues that actions by Education Cabinet Secretary George Magoha and his team to introduce the new curriculum which is to replace the 8-4-4 system are unconstitutional and unlawful.
"That the actions of the first to the four respondents as set out in the petition are manifestly unconstitutional and unlawful, are prejudicial to the future of the children of Kenya and ought to be halted pending the determination of the questions raised in the petition," he says.
Havi wants the court to bar the state from further implementation of the new curriculum pending the hearing and determination of her case.
Those listed as the respondents in the case included CSs Magoha, Matiang'i, Kenya Institute of Curriculum Development, Kenya National Examination Council, Teachers Service Commission, Kenya National Union of Teachers, the National Assembly in the main petition challenging CBC.
"An order of injunction be issued restraining the government from further implementing the Kenya competence-based Curriculum introduced through the basic Basic Education Curriculum Framework,2017 and Sessional Paper 1 of 2019 on Policy Framework for Reforming Education and Training for Sustainable Development in place of the existing system and structure of basic education (8-4-4) codified under section 41 of the Basic Education Act no 14 of 2013 and the existing curriculum in respect thereto," reads the court papers in part.
The LSK boss further wants the court to issue conservatory orders staying further steps towards the implementation of the CBC to prevent further denial, violation or infringement of rights of children to education and free and compulsory basic education is concerned.