2023 KCPE and KCSE results case

A case for the audit of the 2023 KCPE and KCSE examination results | Constitutional Petition No. E072/2024
Case filed: February 13, 2024 Current status: Case Ongoing


  • Kenya Human Rights Commission
  • Elimu Bora Working Group

Respondents/ Appellants

  • Kenyan National Examination Council
  • Principal Secretary, Ministry of Education
  • Cabinet Secretary, Ministry of Education
  • Attorney-General

Interested Parties


Status Updates

Justice Chacha Mwita ordered the respondents be to be served.

The judge said he will give a direction on June 5, 2024.

The Kenya Human Rights Commission (KHRC) and Elimu Bora Working Group (EBWG) sued to stop national examinations until the 2023 KCPE and KCSE results are forensically audited.

Summary of facts

On November 23, 2023, the Kenya National Examination Council (KNEC) released the Kenya Certificate of Primary Education (KCPE) examination results. Candidates, however, received conflicting grades.

On November 25, KNEC acknowledged these irregularities but did nothing to correct the anomalies. Without accurate exam results, it became difficult to assess learners properly.

KNEC's mishandling of exams subjected the quality of Kenyan children's learning and assessment to global scrutiny and shame. It raised suspicions about learners' quality and diminished opportunities for them worldwide.

On December 8, we filed an access to information request with KNEC. We wanted KNEC to, among other things, disclose their policy and guidelines on marking, awarding marks, and the moderation process. KNEC refused to respond.

Our petition argues that credible and quality examination results cannot be achieved if the 2023 anomalies are not corrected. Therefore, we have asked the court to order a forensic audit of the 2023 KCPE and Kenya Certificate of Secondary Education (KCSE) results.

Suppose the court compels KNEC and Education CS to do the audit and fail. In that case, we want an order prohibiting them from "setting and conducting any KCSE examinations including issuing KCSE examinations results and certificates".

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