Lobbies sue Machogu, Knec over 2023 national exam irregularities

Two lobby groups have moved to court seeking to stop the Ministry of Education from setting 2024 national examinations until the 2023 KCPE and KCSE examination results are audited over alleged massive irregularities in the results.

A petition lodged at the Milimani High Court by Kenya Human Rights Commission (KHRC) and Elimu Bora Working Group (EBWG) claims the KCPE and KCSE 2023 examination results were not fair and credible and wants the court to compel Kenya National Examinations Council (Knec) and Education Cabinet Secretary Ezekiel Machogu to conduct the audit and publicise the findings within 90 days.

“We seek an order of prohibition be issued to Knec and CS Machogu from setting and conducting any KCSE examinations including issuance of KCSE examination results and or certificates in the absence of the forensic audit of the KCPE and KCSE 2023 examinations,” the groups say.

KHRC and EBWG says they are aggrieved by “the massive” irregularities in the 2023 KCPE exams results, arguing that it is not possible for students in the same school to score the same marks.

The Kenya National Examinations Council offices, the petitioners say, is a crime scene and their activities preceding the release of the 2023 KCPE results should be properly investigated and audited.

“Knec’s handling and or release of the KCPE examinations 2023 results cast a shadow of doubt, and created uncertainty among the general public, on the ability (or otherwise capability) of Knec to discharge the respective mandate of its office as spelt out in the law and the Constitution,” they argue.

The petitioners have sued Education CS Machogu, PS Belio Kipsang, Attorney General Justin Muturi and Knec.

The lobby groups state that on or about November 23, 2023, KNEC released KCPE results and candidates across the country received conflicting grades.

“The release of KCPE examinations 2023 results were marked by hue and cry by parents of children whom had sat for the said examinations and the general membership of the public as a result of the widespread reported irregularities in the learner’s results and or marks (whom had sat for the said examinations) released by the Knec,” they state.

KHRC argues that the manifest errors and irregularities of the KCPE examinations 2023 results had a negative effect on learners who had sat the examinations, including embarrassment, self doubt and depression.

“The absence of proper and credible examinations results translates to a lack of adequate capacity to assessment of children and learners preventing proper self-evaluation and early intervention and assistance where need be,” the petition reads.

On November 25, Knec acknowledged irregularities. However, it did nothing to correct the anomalies, the petitioners say.

“It is an uncontroverted fact that the released KCPE examinations 2023 as stated were tainted with irregularities which fact was acknowledged by Knec,” the court papers state.