Nakuru high court has summoned the Nakuru County Director of Education Isaac Atebe to tell the court why the Ministry of Education withheld KCSE results for Koelel high school.
Justice Roselyne Korir ordered that Atebe attends court on March 5 to elaborate on his affidavit.
This came after an application by the school's lawyer Bernard Kipkoech Ng’etich seeking an order to cross-examine the director on an affidavit he swore implicating the school.
Ng'etich told the court that Atebe in an affidavit dated January 23 and 24 2018 wrote a damaging report about the school to the Ministry saying that was one of the reasons the results were withheld.
Koilel High school board of management moved to court and sued the Cabinet Secretary for education Dr. Fred Matiangi and Kenya National Examination Council (KNEC) for withholding its KCSE class of 2017 results.
Through their lawyer the school board and two parents filed the petition under a certificate of urgency seeking the court to compel the Ministry and KNEC to release the withheld results of 318 students.
In a notice of motion dated January 2, 2018, Kipkoech claimed that the rights of students to property, life, dignity, fair administrative action, hearing and education has been violated by the respondents.
The Ministry was to conclude an investigation on January 18 and give a report .
In the suit papers, they prayed that the respondents be compelled to release the results and the petitioners to scrutinize the marked examination papers.
"We pray that this honorable court be pleased to grant mandatory orders compelling the respondents, their servants, agents, employees, hirelings, staff, workforce and whomsoever is acting on their behalf to release the Kenya Certificate of Secondary Education (KCSE) 2017 results of Koelel High School as they are in their website together with the markers’ reports," said Kipkoech in an affidavit.
Kipkoech also wants the court to order the respondents to immediately allow the petitioners to access all the marked examination scripts for the school.
He sued the Cabinet Secretary, Ministry of Education, Science and Technology, Kenya National Examination Council, Nakuru county director of education, Inspector General of police and the Attorney General on grounds that respondents have condemned Koelel High school and their class of 2017 KCSE students without any form of fair hearing.
"The petitioners have violated the right to property, life, dignity, Fair administrative action, hearing, and education on the basis of selfish lies," said Kipkoech.
Kipkoech accused Dr Matiang’i and Atebeof having acted unprofessionally and conspired against 318 innocent students by declining to release their KCSE results.
"The parents and students are inconvenienced and cannot plan for their future academic and/or career progressions," added Kipkoech.
He said the investigations are predetermined because the CS has already spoken and judged the school board and wants to disband it.
The board denied the allegations that students received leakages of exams during the examination period.
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