, MOMBASA, Kenya, Mar 24 – The High Court has allowed Abu Hureira Secondary School in Mombasa to seek an order to quash the decision by the Kenya National Examinations Council (KNEC) to cancel results of 48 students who sat the 2009 Kenya Certificate of Secondary Examination.
Justice Mohammed Ibrahim also allowed the school to seek orders overturning the examination Council’s decision to bar the said candidates from sitting KNEC-administered examinations for two years on grounds of alleged irregularities.
Through their law firm Wetangula Adan and Makhoha Advocates, the school said the alleged irregularity referred to as collusion on the Mathematics (121) subject by 41 candidates and Business Studies (565) paper by 14 candidates (in which seven candidates had both Business Studies and Mathematics papers cancelled) respectively were in breach of the applicable law.
The school said the examination’s council acted without any evidence whatsoever and without giving the affected candidates or the school a hearing or an opportunity to respond to the said allegations.
Justice Ibrahim also granted leave to the applicants to seek orders compelling the respondent to release the results of the 48 candidates and to release the entire results to the aforesaid candidates forthwith upon the order of the court.
In the application, the school wants the court to order KNEC to produce before court all the 48 candidates\’ Mathematics (121) and Business Studies (565) answer booklets respectively, for the courts\’ inspection and determination.
In 2005, Abu Hureira Secondary School topped in the Form Four examinations in Coast province and since then has been producing top students in the region.
The school\’s Principal Mohammed Ismael had denied that the institution was involved in cheating saying none of the 57 candidates who sat the 2009 exams was involved.
He said all the candidates were inspected before sitting for the daily exams and wondered how the alleged cheating was detected.