NAIROBI, Kenya – The High Court has halted the Kenya National Examinations Council’s (KNEC) plan to introduce a mid-year Kenya Certificate of Secondary Education (KCSE) exam, pending further hearings.
Lady Justice Teresa Achieng Odera of the Kisii High Court issued temporary conservatory orders in response to a petition filed by Nakuru-based doctor Magare Gikenyi, who challenged the move over lack of public participation.
KNEC had scheduled the new exam series for July, targeting candidates seeking to improve their KCSE grades.
The council planned to categorize them as either full repeaters, who would take seven or more subjects, or partial repeaters, who would sit for fewer.
Dr. Gikenyi argued that KNEC’s decision was made without input from key stakeholders, including students, parents, and educators.
He also questioned the fairness of creating two groups of candidates—one sitting exams in July with limited preparation time and another taking them in the traditional November period with more time to study.
“There is no rational justification for this distinction,” the petition states, citing violations of Articles 27, 24, 10, 73, and 75 of the Constitution.
According to the petitioner, the abrupt change disrupts the legitimate expectation that students would have a uniform exam schedule.
He contended that previous candidates had relied on the long-standing tradition of a November KCSE retake, and shifting the dates without consultations amounted to unfair administrative action.
Justice Odera ruled that the petition met the legal threshold for temporary suspension of the plan, stating, “I proceed to issue conservatory orders… to preserve the subject matter pending interpartes hearing.”
The court’s intervention comes just days after KNEC opened registration for the mid-year exam, which was set to run from January 26 to February 21, 2025.
The matter will now proceed to a full hearing, where the court will determine whether KNEC’s decision stands or is struck down permanently.
