Editor's Review

Lawyer Nelson Havi said he would not appeal the High Court decision.

The High Court has dismissed a petition filed by Nelson Havi challenging the rollout of the Competency-Based Curriculum(CBC).

In a ruling on Thursday, June 20, a three-judge bench comprised of Judges Hedwig Ongundi, Antony Mrima, and Antony Ndung'u said Havi did not provide enough evidence in his case.

The judges also noted that CBC has already been rolled out and stopping its implementation would cause havoc to the education system.

"It is evident that the Competency-Based Curriculum has already been rolled out the teachers have undergone training, and the government has already set out finances for the implementation. Stopping implementation will cause havoc in the education system," the judges said.

The three-judge bench directed Education CS Ezekiel Machogu to set up a committee for the implementation of the report on CBC.

File image of Nelson Havi. 

In a statement after the ruling, Havi said he would not appeal the High Court decision.

“CBC Petition dismissed: no evidence to support any of the grounds relied upon and a lot of money has gone into implementation.

“CS Education to pursue amendment of Basic Education Act and enact Regulations to domicile CBC in 120 days. We will not appeal. Let it be,” said Havi.

The former Law Society of Kenya (LSK) President moved to court in 2021 to challenge the implementation of CBC.

He claimed that the program was rolled out without the Ministry of Education formulating rules and regulations that were supposed to be approved by the National Assembly.