The High Court on Wednesday, November 29 declined to stop the form one placement that was to commence on Monday November 27.
Justice Lawrence Mugambi of Milimani High Court declined to issue conservatory orders suspending the exercise that kicked off on Monday.
This is despite concerns from learners and parents who questioned the integrity of the recently released Kenya Certificate of Primary Education (KCPE) examination results.
On his part, the judge ordered the cases filed over the irregularities in the results of the KCPE 2023 to be heard on February 7, 2024.
Also, the petitioners from Kitengela International School and Set Greenhill Academy Mixed Day and Boarding and Junior School were ordered to serve the Education Cabinet Secretary Ezekiel Machogu and National Examinations Council with their pleadings within 14 days.
Also Read: Machogu, KNEC Sued Over Poor KCPE Results
“Having read the Certificate of Urgency filed herein, together with the Notice of Motion Application dated November 25, 2023, and the attached affidavit in support and annexures, I hereby direct that responses to the case be filed and served within 14 days. Mention on February 7, 2024, for further directions,” Mugambi ordered.
This will be long after the selection has been done and Form One students have reported to their respective schools.
Notably, the Ministry of Education will continue placing learners in secondary schools based on the results announced last week by Education Cabinet Secretary Ezekiel Machogu.
The selection exercise was to take two weeks to conclude according to the Education CS.
The Cases
Parents and guardians of Kitengela International School and Set Greenhill Academy Mixed and Boarding Junior School sued KNEC over the 2023 KCPE results claiming that there were errors in the grading system.
Also Read: Machogu Announces Special KCPE Exams in January: Here’s Why
The two schools moved to the High Court seeking orders to stop KNEC and the Ministry of Education from beginning the Form One selection exercise until the petitions were heard and determined.
They said if the process would go on as planned the pupils would be denied justice and miss the secondary school of their choice if the review is done in their favour.
Earlier, KNEC responded to concerns raised about a school where all candidates scored identical marks in science in KCPE.
“KNEC has reviewed the results for the school and all the reports that were received from the examination centers and anonymous letters and has not found any indication that the school was involved in examination malpractices,” the exam body stated.
