Activist Okiya Omtatah has filed an application in the High Court seeking to stop the rollout of the 2-6-3-3-3 curriculum to replace the 8-4-4 system.
In his application under certificate of urgency, Omtatah says that the Competency based Curriculum is being rushed and rolled out in “an arbitrary, unreasonable and haphazard manner without having been subjected to public participation”.
He said that there is no legal, policy, and regulatory framework governing the implementation of the CBC.
The application dated December 31, 2018 lists the Ministry of Education as first defendant and Attorney General as second.
“There is no legal basis for rolling out the CBC since the Sessional Paper for the CBC has not been published in Parliament for debate and approval,” Omtatah says.
He says that to the extent that the CBC is generally being rolled out in total disregard of provisions of the Constitution, Articles 1, 2, 3( 1 ), and 259( 1 ) were and continue to be violated.
Omtatah said the CBC is being rolled out without public participation as provided in the law.
He says the system was conceptualised and operationalised through “an opaque process shrouded in mystery, without transparency and accountability”.
The activist said that there was and continues to be the general disregard for the rule of law in the manner the system was conceptualised and is being operationalised.
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Omtatah said Kenyans will suffer great loss as the application will be overtaken by events, and the Constitution and the rule of law will continue to be violated and or threatened. He says he has a right of access to the constitutional court to protect the Constitution and to safeguard his rights and those of other Kenyans which have been, are being and are in danger of further infringement.