However Mr Havi will have to wait for the judges to issue a ruling on June 9 on whether to substitute Ms Ang’awa with him.
Ms Esther Ang’awa, a lawyer and aggrieved parent sued the government seeking to quash the continued implementation of the Competency Based Curriculum (CBC).
However she told the High Court yesterday that she is no longer interested in the case.
Ms Esther Ang’awa, an advocate of the court, sought to be replaced in the suit by her lawyer Nelson Havi. She cited negative profiling by the state and government agencies for the move.
“Esther Ang’awa has informed me that she is not interested in the pursuit of the petition for the reason that she has been negatively profiled by the State and governmental agencies and that the continuation of the petition in her name has and will prejudice her and the education of her child,” said Mr Havi.
He added that “in view of the above, I verily believe that it is just and proper that Esther Ang’awa be substituted with myself as the petitioner in order that I may continue with the petition in my name, in terms of my undertaking to the members of the public affected by the subject matter therein”.
Education Cabinet Secretary George Magoha has asked three High Court judges to dismiss the petition since the new curriculum has taken off and should not be hindered, adding that Ms Ang’awa has lost interest in the case.
“The petitioner is not interested in the pursuit of the petition,” said Senior Counsel Philip Murgor on behalf of CS Magoha.
The CS opposed substituting Ms Ang’awa with former Law Society of Kenya president to pursue the case, which he says is of great public interest.
Asking the court to allow him to pursue the case, Mr Havi said that millions of schoolchildren and their parents are affected by the new education system, which he said is burdensome and affects the rights of the children. He said the respondents will suffer no prejudice if he takes over the litigation, which seeks to return Kenya to the 8-4-4 system.
The petitioner has lamented that the CBC is burdensome and costly and is confusing learners given the scarcity of facilities for the new system. The petitioner also argues that introducing the new curriculum is unconstitutional and unlawful.
More than nine million learners are already learning under the CBC.
The Ministry of Education on Monday rolled out Grade Six. The learners will sit their final national examination in December ahead of the rollout of junior secondary in January next year.
In her suit, Ms Ang’awa named Prof Magoha, the Kenya Institute of Curriculum Development(KICD), the Kenya National Examinations Council (Knec), the Teachers Service Commission (TSC), teachers unions Knut and Kuppet, the National Assembly, and Interior CS Fred Matiangi as respondents.
Others named as interested parties are the Kenya Private Schools Association (KPSA), the Kenya Primary Schools Heads Association (Kepsha) and the Kenya National Parents Association.
Mr Havi argues that “the actions of the first to the fourth respondents as set out in the petition are manifestly unconstitutional and unlawful, are prejudicial to the future of the children of Kenya and ought to be halted pending the determination of the questions raised in the petition”.
CBC was introduced six years ago. When he spoke last week, President Uhuru Kenyatta said nothing will stop its implementation.
