High Court Suspends Registration for Mid-Year KCSE Exams

The High Court in Kisii has issued a temporary suspension of the Kenya National Examinations Council’s (KNEC) plan to introduce mid-year Kenya Certificate of Secondary Education (KCSE) examinations for repeaters and private candidates.

This decision comes in response to a petition filed by Dr. Magare Gikenyi, who argues that the initiative violates students’ rights due to a lack of public participation in its formulation.

Presiding over the case, Lady Justice Teresia Achieng Odera certified the petition as urgent and scheduled a hearing for February 12. In her directive, Justice Odera stated, “The application has met the threshold for granting conservatory orders at this stage. I proceed to issue conservatory orders…to preserve the subject matter pending inter partes hearing.” 

Dr. Gikenyi’s petition challenges KNEC’s decision to mandate that all repeaters and private candidates register for the July examination series, rather than the traditional November exams. He contends that this abrupt change, implemented without consulting affected learners, parents, and stakeholders, undermines the legitimate expectations of the candidates and their right to fair administrative action. 

The petitioner further highlights that the new guidelines create two categories of candidates: one with a limited preparation period for the July exams and another with a longer revision period for the November exams. He argues that this distinction lacks rational justification and violates constitutional principles, including the right to equality and freedom from discrimination. 

This legal challenge was initiated shortly after KNEC announced the opening of the mid-year exam registration process, scheduled from January 26 to February 21. The court’s suspension order effectively halts this registration process until the matter is resolved.

The upcoming hearing on February 12 will determine the future of the mid-year KCSE examinations and address the concerns raised regarding public participation and the rights of the affected candidates.