Parents now demand candidates' KCPE exam scripts

The examination council has been directed to file a response in a case in which parents at a private school in Mombasa are challenging their children’s Kenya Certificate of Primary Education examination results for last year.

High Court judge Justice Eric Ogola gave the Kenya National Examination Council (Knec) seven days to file its response after service of the suit papers, including an affidavit by activist Okiya Omtatah, who has been allowed to join the case as an interested party.

“I will respond to the petition and affidavit within seven days from the date of the service,” said lawyer Geoffrey Obura representing Knec, prior to the court orders.

The 89 parents of Nyali Primary School and Kindergarten are seeking an injunction compelling Knec to present the examination scripts of pupils who sat the KCPE exam at the institution.

They want answer scripts of their children cross-checked to ensure validity, reliability and accuracy of allocation of marks.

The parents also want verification and adjudication of the captured marks.

According to the petitioners, the marks awarded to their children do not reflect their ability or the school’s general performance over the years.

“The petitioners contend that for transparency and accountability in the process, verification and adjudication of captured marks be done,” read the petition filed by lawyer Macmillan Jengo.

The parents argued that it is always important to do a manual checking of the works of the optical machine (an instrument used to mark multiple choices examination) as it springs out errors based on the shade marked by the candidate.

They further claimed that despite their requests for the examination council to do the verification and re-tally the marks, it refused to do so.

“The petitioners contend that the actions of the respondents have infringed and continue to infringe their children’s constitutional rights and freedom,” the petition further stated.

Justice Ogola directed parties to highlight their submissions on February 28.

According to the parents, KNEC has not performed its duties in the handling of the complaints on tallying of last year’s KCPE results in a manner that can be said to be expeditious, reasonable and fair.

The parents are also seeking a declaration that their children rights under the constitution have been violated by the examination body.

Justice Ogolla directed parties to highlight their submissions on February 28.

Suit against Knec on exam results begins.

Prior to being enjoined in the case as an interested party, Mr Omtatah through his application argued that the petition is of immense public interest as it affects the Bill of Rights.

“The alleged glaring anomalies highlighted in the petition and which must not be entertained in the education sector demonstrate that the results for 2016 KCPE results do not reflect the true performance of some students,” said Mr Omtatah.

Mr Omtatah argued that he has further information and evidence of other anomalies regarding the integrity of the results.