KNEC Sued Over 2023 KCSE Exam Results
A local organization has filed a lawsuit against the Kenya National Examination Council (KNEC) concerning the trustworthiness and authenticity of the 2023 KCSE outcomes.
Operation Linda Jamii has filed a petition at the Milimani Law Courts in Nairobi, alleging that Education Cabinet Secretary Ezekiel Machogu unilaterally modified the KCSE grading system. The petition contends that this action violates Section 10 of the KNEC Act of 2023, which grants the council exclusive authority to regulate the grading system for national examinations.
The petitioner also contends that the absence of public involvement before implementing the new system contravened Article 10 of the Kenyan Constitution, which addresses national values and governance principles.
Operation Linda Jamii highlights that although the Ministry of Education provided explanations for the shift in the system to facilitate increased direct admissions to universities, the percentage of candidates securing direct placement under the new system decreased to 58.27%, down from the 2022 figure of 59.14%.
KNEC, identified as the initial respondent, was accused of publishing preliminary results on its website. The petitioner contended that the KNEC Act of 2012 does not anticipate the issuance of results in a provisional form.
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The council faced allegations of a lack of accountability and transparency in the calculation of the final results for KCSE examinations. This was exemplified by the situation at Oruba Boys Secondary School in Migori County, where all candidates with a mean grade of D plain showed a deviation of 1 to 2 points.
Operation Linda Jamii is currently pursuing interim court orders to stop the Kenya Universities and Colleges Central Placement Service (KUCCPS) from assigning students, contending that there are still uncertainties regarding the integrity and credibility of the KCSE 2023.
It is also requesting court orders to compel KNEC to provide the court with the marking reports for all subjects examined during KCSE 2023, chief invigilators’ reports from all examination centers, and any other orders that the court deems necessary in the pursuit of justice.
KNEC and the Ministry of Education are anticipated to submit their replies within a 14-day period starting from the date of being served.
The Kenya Universities and Colleges Central Placement Service has also been included as a concerned party.
The case will be mentioned on March 12, 2024.Â
KNEC Sued Over 2023 KCSE Exam Results