According to Esther Ang'awa, a High Court advocate, the CBC has placed a financial burden on students, instructors, parents, and caretakers. She offers examples of course books, learning materials, and curriculum designs that were procured "without consideration to the true dynamics of the Kenyan population and the society's demands."
The CBC's national rollout began in January 2019 with Pre-Primary I and II, as well as Grades 1, 2, and 3 in lower primary.
“The entire process of conception, introduction and implementation of the CBC curriculum in basic education is undertaken in an opaque manner, without observing the law and participation of the people,” said Havi.
The 2-6-3-3-3 curriculum has been hailed as a game-changer in the country's education system, since it aims to overcome holes identified by the previous 8-4-4 system. It hasn't quite caught on.
According to Ang'awa's lawyer Nelson Havi, the legal framework required for the recommended changes to the educational system and structure to Education Cabinet Secretary George Magoha and the Kenya Institute of Curriculum Development has yet to be implemented.
Ang'awa is requesting that the court halt the adoption of the 2017 basic education curriculum framework.
She also wants the sessional paper on the policy framework for reforming education and training for sustainable development in Kenya to be put on hold awaiting the outcome of the court case.
Ang'awa claims Magoha's and his team's acts are unconstitutional and harmful to Kenya's children's future, and that they should be blocked awaiting the resolution of the petition's questions.
She further requested that the petition be sent to Chief Justice Martha Koome, who would convene a bench to consider the case.
KICD, the Kenya National Examination Council, the Teachers Service Commission, the Kenya National Union of Teachers, the National Assembly, and Interior CS Fred Matiang'i and George Magoha are among those who have been sued.
According to court documents“The effect of this overhaul and replacement of the system and structure of basic education is to designate a primary school as a secondary school without amendment to the Basic Education Act No 4 of 2013,”.
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