Former KCSE candidate sues Knec in results row

A pack of KCSE exam papers. A candidate in last year’s Kenya Certificate of Secondary Education examination has sued the national examinations body, seeking re-marking of his papers. PHOTO | FILE | NATION MEDIA GROUP.

What you need to know:

  • The former student of a school in Kwale County, who got a mean grade of D+, also wants to be supplied with his marked examination papers.
  • According to the petitioner, who is a minor, he re-sat the examination in a bid to improve his grade and join university.

A candidate in last year’s Kenya Certificate of Secondary Education examination has sued the national examinations body, seeking re-marking of his papers.

In his petition at the High Court in Mombasa, the former student of a school in Kwale County, who got a mean grade of D+, also wants to be supplied with his marked examination papers.

Through lawyer Lucy Momanyi, the petitioner said last year was his second time to sit the examination, having done the test in 2016 when he scored a C-.

According to the petitioner, who is a minor, he re-sat the examination in a bid to improve his grade and join university.

BRIGHT STUDENT

“The petitioner is a very bright student and after repeating the 2016 examination he has more than doubled his efforts and was expecting not less than a B+ in his 2017 examination results,” Ms Momanyi argued.

The lawyer further said the petitioner was apprehensive that without a court order, the Kenya National Examinations Council will not re-mark his papers within the timelines set out, infringing on his right to education.

Apart from the council, the petitioner has also sued the Attorney-General, the Mvindeni Secondary School headteacher, Kwale County director of education and the Education Cabinet secretary.

The petitioner, who is suing through his mother, argued that there was mass failure in the examinations attributed to rushed marking.

 The petitioner argues that it is a matter of local notoriety that there was mass failure in last year KCSE examinations attributed to rushed marking and releasing of the results hence the integrity of the marking process has been questioned.

CORRECTION

“Without clear legal framework providing for re-marking, the petitioner is apprehensive that his constitutional rights stand to be infringed upon,” the petition reads in part.

The petitioner says re-marking of his examination papers would lead to correction or deletion of untrue and misleading information about his performance in last year’s KCSE exams thereby upholding his fundamental constitutional right to university education.

He argues that by giving him a lower grade than he deserves and in the event his examination papers are not re-marked the respondents will have denied him his right to timely university education.

The petitioner is also seeking a declaration that the respondents have already violated or are likely to violate his rights.

 Justice Njoki Mwangi directed the petitioner to serve the respondents with the suit papers and fixed the case for hearing on January 17.