2023 KCPE Candidates Hit Hard as Court Dismisses Re-mark Requests
The High Court has dismissed the hopes of last year’s Kenya Certificate of Primary Education (KCPE) candidates to have their exam papers re-evaluated and recalculated.
Justice Lawrence Mugambi dismissed a case filed against the Kenya National Examination Council (Knec) and Education Cabinet Secretary Ezekiel Machogu.
The case was brought by parents of Moi Primary School Kabarak-Nakuru students.
The judge found that while the case centered on “significant errors in exam results,” the parents and their children failed to challenge the results through Knec first, as required by law.
He stated that under the Kenya National Examination Council Act, candidates must first request a review of the results through Knec before approaching other authorities.
If unsatisfied, students can appeal to the National Examinations Appeals Tribunal.
“The conclusion is that the preliminary objection is upheld. Thus, the petition is dismissed. No orders on costs. The ruling affects Mutatis mutandis,” ruled Justice Mugambi.
In the case, Moses Mbego sued the examination council and the Education Cabinet Secretary, claiming his son’s lower marks were surprising given his usual excellent performance.
Similarly, parents with children at Kitengela International School and Set Greenhill Academy Mixed Day and Boarding and Junior School also took legal action, citing widespread irregularities.
Mbego’s lawyer, Danstan Omari, argued that the released results did not accurately represent his son’s academic abilities.
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Omari claimed that Knec was undermining the future of candidates who felt their awarded marks were unjust.
“It seems that Knec is unfortunately determined to harm the future of Kenyan children,” said Omari.
Omari noted that in the last three years, the Nakuru-based school had been among the top performers nationwide.
He found it peculiar that the school’s candidates’ marks dropped by over 100 points.
He stated that parents believed their children were well-prepared and had completed the curriculum in time for their high school entry exam.
Omari found it inexplicable how Mbego’s son’s marks could be lower than his previous academic performance.
In his affidavit, Mbego claimed the marking process was rushed, resulting in significant discrepancies in the released scores.
“I am unsatisfied with how my child’s papers were evaluated in the recently released KCPE results. I request the court to acknowledge the public outcry from teachers, students, and others regarding the alleged serious inconsistencies in the exam marking,” said Mbego.
In the case filed by Kitengela International parents, the court was informed that most of its students had previously scored 400 marks and above.
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However, the recent exams showed students scored 358 marks and below.
Kitengela had written to Knec, stating the results did not accurately reflect its students’ achievements.
Omari told the court that the candidates were distressed by their low scores.
He claimed the public knew the exam process was plagued by numerous irregularities.
Omari urged the court to pause the form one placement process until the case was resolved.
“It is widely known that the 2023 KCPE results were marred by extensive irregularities, raising questions about the integrity of the marking process. Therefore, this honorable court should acknowledge the public outcry from teachers, students, and others regarding the alleged significant issues in the exam marking,” argued Omari.
2023 KCPE Candidates Hit Hard as Court Dismisses Re-mark Requests
