NAIROBI, Kenya, Jan 30 – The High Court has suspended the Kenya National Examination Council’s (KNEC) decision to introduce a mid-year Kenya Certificate of Secondary Education (KCSE) exam for repeaters and private candidates after a petitioner challenged it, citing a violation of students’ rights.
Kisii High Court Lady Justice Teresia Achieng Odera certified the petition as urgent, pending a hearing scheduled for February 12.
Odera issued conservatory orders, saying the petition met the legal threshold for a temporary suspension pending further hearings.
“The application has met the threshold for granting conservatory orders at this stage. I proceed to issue conservatory orders…to preserve the subject matter pending interpartes hearing,” she held in directions issued Wednesday evening.
The directions were in response to Dr. Magare Gikenyi’s petition suing KNEC over the July 2025 KCSE examinations.
The petitioner sought to halt the process, citing lack of public participation.
In his application, Dr. Gikenyi accused KNEC of failure to involve stakeholders in the decision-making process.
He further pointed out that the guidelines created two categories of candidates: one group with a limited preparation period (July) and another with a longer revision period (November).
He argued that this distinction lacked rational justification and violated Article 27, read together with Articles 24, 10, 73, and 75 of the Constitution.
Dr. Gikenyi noted that national examinations have historically been conducted in November, creating a legitimate expectation among learners that if they failed, they could retake the exams.
“Changing the exam dates abruptly without consulting affected learners, parents, and stakeholders goes against the legitimate expectations of the candidates and their right to fair administrative action,” the court documents stated.
He filed the petition just three days after KNEC announced the opening of the mid-year exam registration process for prospective candidates, from January 26 to February 21.
