A three-judge bench has dismissed a petition challenging the CBC, which replaced the 8-4-4 education system. The bench, in its decision, emphasized that granting the orders sought would cause disorder in the education system and violate the rights of the children.

Led by judges Hedwig Ongundi, John Chigiti, and Antony Ndung’u, the bench highlighted that extensive engagement had taken place, involving the education sector, faith-based organizations, the public, and key stakeholders. This process ensured that legal public participation was achieved, countering lawyer Nelson Havi’s claims of inadequate public involvement.

“The best interest of the child is a paramount consideration; the court must do everything to preserve the rights of minors,” the court stated.

The court also concluded that scrapping the CBC would result in job losses and wastage of public funds already spent on its implementation. They questioned whether nullifying the CBC would serve the best interest of the child, asking if it would be beneficial for children to unlearn what they have already been taught.

Furthermore, the court emphasized that the primary consideration must be the best interest of the child.

“It is evident that the CBC has been implemented, with over 8 million children enrolled, teaching materials prepared, classrooms built, and budget allocations made,” the court noted.

The bench also dismissed claims that the CBC recruits children into child labor, asserting that the shift to CBC is necessary to equip learners with essential skills.