The High Court has ordered the removal of the name of former Education cabinet secretary professor George Magoha (now deceased) in the case challenging the constitutionality of Competency-Based Curriculum (CBC).

A suit filed in September 2021 by then Law Society of Kenya (LSK) President Nelson Havi listed the late Cabinet Secretary, who passed away in January 2023, as a respondent.

Havi who filed the case when the late Professor was the cabinet Secretary made the application for the removal of Magoha’s name as the 8th respondent.

Before his death, Magoha had instructed his lawyers Philip Mugor and George Ouma to file a submission on his behalf.

Havi had indicated that CBC was rolled out without Prior and proper consultation with stakeholder in the education sector.

He at the same time added that the implementation of the Curriculum would be harmful to the children’s future since teachers in the country were not properly trained to handle it flawlessly.

“The effect of this overhaul and replacement of the system and structure of basic education is to designate a primary school as a secondary school and obfuscate the dichotomy between these two components of the basic education structure necessary for transition from primary education to secondary education,” Havi stated.

The petitioner argued that actions by Prof Magoha, the Kenya Institute for Curriculum Development (KICD), the Teachers Service Commission (TSC) and the Kenya National Examinations Council (KNEC) were unlawful and prejudicial to school-going children.

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