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Court Dismisses Exam Re-Mark Cases for 2023 KCPE Candidates

Hezron Rooy by Hezron Rooy
May 3, 2024
in News
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Court Dismisses Exam Re-Mark Cases for 2023 KCPE Candidates

Court Dismisses Exam Re-Mark Cases for 2023 KCPE Candidates

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Court Dismisses Exam Re-Mark Cases for 2023 KCPE Candidates

The High Court quashed last year’s Kenya Certificate of Primary Education (KCPE) candidates’ aspirations of having their answer sheets remarked and re-tabulated. 

The Kenya National Examination Council (KNEC) and Education Cabinet Secretary Ezekiel Machogu were the targets of a complaint that Justice Lawrence Mugambi dismissed.

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The parents of Moi Primary School Kabarak-Nakuru filed a case.

The judge believed that, even though the case involved “massive flaws in the examination results,” the parents and their children did not first challenge the results before Knec, as required by law.

He stated that the Kenya National Examination Council Act, which governs examinations in the country, compels a candidate to seek a review of the results before moving on to any other organization.

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If a student is dissatisfied, the judge stated that he or she may appeal to the National Examinations Appeals Tribunal. 

Justice Mugambi declared the preliminary objection successful, leading to the dismissal of the petition. He issued no orders regarding costs and stated that the ruling affected Mutatis Mutandis.

Moses Mbego filed a lawsuit against the examination body and the Education Cabinet Secretary, claiming that it was shocking that his kid received lesser grades than his typical exceptional performance. 

Separately, parents of Class Eight candidates at Kitengela International School and Set Greenhill Academy Mixed Day, Boarding, and Junior School went to court, citing huge irregularities. 

Mbego’s lawyer, Danstan Omari, expressed concern that the released scores did not accurately reflect his son’s academic capabilities. 

Omari claimed that the examination body was reportedly destroying the futures of the applicants, who are now complaining that they did not deserve the marks assigned by examiners. 

Omari stated that it appeared the second respondent (Knec) was unfortunately on a firm resolve to damage the future of the Kenyan children.

According to Omari, the Nakuru-based institution has been at the top of the national rankings for the past three years.

He claimed that it was surprising that the institution’s candidates’ marks dropped by more than 100 points. 

He stated that parents were confident that their children had been adequately prepared and had completed the curriculum in time for their high school entrance exam. 

Omari believes there is no conceivable explanation for Mbego’s son’s poorer marks compared to his previous academic success. 

In his supporting affidavit, Mbego stated that the marking process was rushed and that the marks released contained severe flaws. 

Mbego expressed dissatisfaction with the marking of his child’s papers in the recently released KCPE. 

He prayed for the court to take judicial notice of the uproar among teachers, students, and the general public following the announcement of the exam results, alleging serious anomalies in the marking of the examinations. 

Previously, the court heard evidence in the Kitengela International parents’ case that the majority of their children scored 400 or higher on previous exams.

However, national examinations revealed that the students scored 358 or lower. 

Kitengela had written to Knec, complaining that the results did not accurately reflect what the students had been scoring. 

In court, Omari stated that candidates are now upset because of the poor grades assigned to them by the examiners. 

He argued that several anomalies, widely known to the public, tainted the examination process.

Omari requested that the court halt the form-one placement exercise until the case was resolved.

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Omari argued that it was a matter of local notoriety that there were widespread irregularities in the 2023 KCPE exam results, leading to questions about the integrity of the marking process.

He requested the honorable court take judicial notice of the uproar by the teachers, students, and members of the general public following the announcement of the exam results, citing alleged serious anomalies in the marking of the examinations.

Court Dismisses Exam Re-Mark Cases for 2023 KCPE Candidates

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Tags: KCSEKNECMinistry of Education
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