High Court Halts KNEC’s Mid-Year KCSE Retake Plan.
The Kenya National Examinations Council (KNEC)’s initiative to conduct mid-year Kenya Certificate of Secondary Education (KCSE) retakes has encountered a setback following a High Court suspension.
The council had announced the retake in July to provide candidates with a chance to improve their grades from last year’s exams. However, this process has been temporarily paused.
Kisii High Court Lady Justice Odera Teresa Achieng, in her ruling, affirmed that the petition filed by Nakuru-based doctor Magare Gikenyi warranted conservatory orders.
Justice Odera ruled that the application had met the threshold for issuing such orders, aimed at preserving the matter pending further hearing. The decision was delivered on Wednesday, January 29.
The petitioner, Dr. Magare Gikenyi, argued that conducting mid-year exams would compromise the integrity of national examinations.
He also claimed that this retake violated candidates’ constitutional rights, including respect for their best interests, their right to life and development, and their right to participation in decisions affecting them.
He warned that allowing KNEC to proceed would perpetuate constitutional violations, undermining governance and the rule of law.
After declaring the petition urgent, Lady Justice Odera directed the affidavit to be served on February 12. KNEC, one of the respondents, was required to be served on January 30. The conservatory orders now pose a challenge to KNEC, which had already initiated registration for the exams.
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KNEC’s Plans for the Retakes
The council had structured the retake plan into two categories: full repeaters, who would take seven or more subjects, and partial repeaters, who would sit for fewer than seven subjects.
This opportunity was also extended to at least 840 students whose results had been nullified after investigations confirmed their involvement in malpractice during the previous exams.
Furthermore, 712,537 students who failed to attain the minimum grade of C+ in the 2024 KCSE had been declared eligible to register for the retake. The suspension of the mid-year retake plan disrupts these efforts, marking a significant obstacle for KNEC.
High Court Halts KNEC’s Mid-Year KCSE Retake Plan.
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