WHigh court Judge Roslyne Korir who on Thursday afternoon issued orders barring the disbandment of the board of management Koelel high school. [Photo: standard]
It is a blow to the Ministry of education, Kenya National Examination Council and Education CS Dr Fred Matiang'i after a Nakuru High court on Thursday afternoon issued orders barring the three from disbanding the board of management of Gilgil-based Koelel high school.
The ruling was issued by Justice Roselyn Korir pending the hearing and determination of a petition filed by the school management board.
"The cabinet secretary of education Dr. Fred Matiangi, Kenya National Examination Council (KNEC) board and county director for education,Isaac Atebe are hereby temporarily barred from disbanding the board of management Koelel high school pending the hearing and determination of the petition," ruled Justice Korir.
Justice Korir further ordered that the petition be served upon respondents and case be mentioned on January 23 for directions.
The petition was filed by Koelel High school board of management after results for the school’s KCSE class of 2017 were withheld.
The petiton was filed through lawyer Bernard Kipkoech Ng'etich under a certificate of urgency seeking the court to compel the ministry of education and KNEC to release the withheld results of 318 students class of 2017.
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 announce a report but the board says that it's the target by theministry not examination malpractice because the results are already on KNEC website.
In the suit papers, they prayed that the respondents be compelled to release the results and the petitioners to scrutinize the marked examination papers. Kipkoech also wants the court to order the respondents to immediately allow the petitioners to access all the marked examination scripts for KCSE 2017 of Koelel High School. Kipkoech accused Dr Matiang’i and Nakuru county director of education Isaac Atebe to have 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," saidKipkoech.
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 their students received leakages of exams during the examination period.