A doctor in Nakuru has filed a lawsuit to stop the introduction of a mid-year series of Kenya Certificate of Secondary Education (KCSE) exams for candidates who missed the exams for various reasons.

In a suit filed at the High Court in Kisii County, Dr Magare Gikenyi claimed that there was no evidence that public participation was undertaken.

“Other parts of the guidelines were made without any stakeholders consultation and or without public participation,” stated Gikenyi in his petition.

He has sued Kenya National Examinations Council, its CEO Dr David Njengere, CS Ministry of Education Julius Ogamba, and the Attorney General over the proposal.

The Kenya Secondary School Heads Association, Kenya Private School Association, and the Kenya Parents Association are listed as interested parties.

In his application, Gikenyi noted that the mandatory nature as opposed to choosing either to sit on July or November’s examination series goes against the right of every individual to choose an examination that is convenient to the candidate.

The abrupt change in examination dates without involving the affected learners and the public is against their legitimate expectations, he said.

Gikenyi observed that the actions of KNEC and the Ministry were not in the best interest of learners.

He cited conflicting pronouncements made by the CS Education and KNEC.

“While the CS stated that adult candidates may also consider registering for the July KCSE series examination, KNEC’s guidelines stated all repeaters and private candidates must register for the July series, and not the November KCSE examination series, essentially giving conflicting guidelines.” the petition stated.

“The respondents have not explained/justified why they decided on July and not March June or October. The July date decision date was whimsically made and inconsiderate and irrational,” stated Gikenyi.

During the release of the KCSE examinations, Education CS announced that KNEC will introduce a mid-year series of the KCSE examinations, to be administered in July every year.

The examination, according to the CS, will target candidates wishing to repeat the KCSE examination, and those who may have missed sitting an examination due to sickness or other unexpected hardships.

Adult candidates may also consider registering for the July KCSE series examination, according to the CS.

The registration of learners wishing to sit for the examination started January 27, 2025, to February 21, 2024

Gikenyi wants the court to declare unconstitutional the action of the Ministry and that of KNEC and that it was done without public participation.

He also wants the court to issue and order quashing the decision forcing the repeaters and adult education learners in a mandatory way to register with the July KCSE examination series and or any other date different from the rest of the learners as scheduled in November.

The court, he said, should order KNEC and the Ministry to allow learners the liberty to choose which examination series they want to register.

The petitioner wants the Education CS and KNEC CEO held liable for negligence through actions and omissions of the impugned administrative action.