A petitioner by the name Esther Awour Adero has filed a petition in court challenging the roll-out of the Competency-Based Curriculum (CBC) through lawyer Nelson Havi.

Adero argued that Education Ministry’s action to implement the CBC is unlawful and detrimental to the future of Kenyan children therefore it should be stopped.

She is also seeking interim order stopping the CBC pending hearing and determination of the case.

The petitioner said that it will prevent further denial and infringement of the rights of children to free and compulsory basic education.

Havi submitted in the affidavit that there is a public outcry about the way in which CBC has been imported from foreign jurisdictions before applying basic education due process laws.

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He also argued that children are forced to make career choices before getting knowledge and general learning necessary to inform their choices in the absence of all stakeholders.

According to the court documents, an order of injunction was made restraining the Ministry of Education from implementing the CBC to replace the 8-4-4 system.

“An order of injunction be and is hereby made restraining the Government-Ministry of Education from further implementing the CBC in place of the existing 8-4-4 system,” court documents read.

According to Havi, the Ministry of Education has rolled out a curriculum for basic education claiming to replace the 8-4-4 system through policy and sessional papers in place of legislation.

Havi said no document or instrument can be traced as one developed under the Basic Education Act.

“There’s no identifiable document or instrument upon which the CBC curriculum can be traced as one developed in the manner set out in section 73 and 74 of the Basic Education Act NO. 14 2013 as read together with section 4 of the KICD Act No.4 OF 2013,” he argued.

Havi also claims the government has unlawfully published learning materials with no constitutionally developed curriculum.

He also argued that the CBC has imposed an economic burden of purchasing learning materials.

The respondents listed in the case include the Education CS, KICD, KNEC, TSC, KNUT, the National Assembly, CS for matters relating to Basic Education and Fred Matiang’i