A parent has petitioned the High Court to stop the Competency Based Curriculum for basic education from being implemented further. According to Esther Ang'awa, a High Court advocate, the CBC curriculum has placed a financial burden on children, teachers, parents, and caregivers by requiring them to purchase course books, learning materials, and curriculum designs "without regard to the real dynamics of the Kenyan population and societal needs."
The 2-6-3-3-3 curriculum has been hailed as a game changer in the country's education system, since it aims to close holes identified in the previous rote learning system (8-4-4). It hasn't quite caught on. According to Ang'awa's court documents, the legal framework required for the change of the educational system and structure from 8-4-4 to the adoption of the CBC curriculum recommended by the National Assembly to Education CS George Magoha and the Kenya Institute of Curriculum Development has yet to be put in place.
Parents also criticize KICD for failing to show that it performed and began research to support the national government's approval of the CBC curriculum. "The entire process of developing, introducing, and implementing the CBC curriculum in basic education is carried out in secrecy, without regard for the law or public engagement," Havi claims.
Ang'awa is requesting that the court halt further implementation of the 2017 basic education curriculum framework and the sessional document on policy framework for reforming education and training for sustainable development in Kenya awaiting the outcome of the court case. The basic education curriculum framework, released in 2017, and the policy framework for reforming education and training for sustainable development, released in 2019, both introduce the same concept.
Ang'awa claims that Magoha's and his team's acts are unconstitutional and detrimental to Kenya's children's future, and that they should be blocked awaiting the resolution of the petition's questions. "Without amending the Basic Education Act No 4 of 2013, the consequence of this redesign and replacement of the system and structure of basic education is to designate a primary school as a secondary school," the court records stated.
The petition is also being sent to Chief Justice Martha Koome, who will appoint a bench to hear the case. Kenya implemented the 8-4-4 educational system and framework in January 1985, with basic education available in primary and high institutions. The 8-4-4 system's curriculum and educational structure have changed and been replaced throughout time. The CS in charge of Basic Education, Kenya Institute of Curriculum Development, Kenya National Examination Council, Teachers Service Commission, Kenya National Union of Teachers, the National Assembly, Interior CS Fred Matiang'i, and Education CS George Magoha are among those named in the lawsuit.
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