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16 students to resit KCPE after losing suit

The High Court dismissed a suit challenging the cancellation of the results of 16 candidates.

This means that the candidates of Harvest View Academy, Embakasi will either have to repeat class eight or register privately to resit KCPE examination this year.

Justice George Odunga said the case lacked merit.

Mr Martin Phiri and Nancy Phiri had moved to court seeking among others an order to compel the Kenya National Examination Council to revoke its decision to cancel their English results.

They also wanted it to produce a comprehensive report of how the decision to cancel the results was reached.

The two claimed the decision to deny the pupils the results was unfair and no satisfactory explanation had been given.

As a result they argued that the publication of the school’s name in the media after the cancellation had threatened the pupils right to education.

Ms Joyce Ndege, a Knec officer told the court that the cancellation was necessary after a computer software detected collusion.

“Collusion in multiple choice questions is done by examining the response patterns of the candidates or by use of a computer programme known as the Item Difficulty Profile,” she said.

The judge said the collusion amounted to irregularities which could put the credibility of the entire exam into question. 

In his judgment Mr Odunga noted that cancellation of the candidates’ results was obviously an administrative action which was required to be expeditious and procedurally fair.

“In my view collusion where in exists may well amount to an irregularity since it is capable of bringing the results of the examination in disrepute as the results would then not be said to have reflected the industry of the individual candidates,” said the judge.

The judge added that reasons were given for the cancellation of results and that Knec has explained the method which was applied across board.