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Omtatah sues Knec to release answer sheets to candidates

Activist Okiya Omtatah has gone to court while seeking to compel the Kenya National Examinations Council (Knec) to release marked answer sheets back to schools.

In his suit against Knec, he argues that failure to release answer sheets for both primary and secondary national examinations is a violation of a fundamental right.

He claimed that it has been the tradition for Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE) answer sheets to be kept by Knec.

But he argued that the children who have sat for those national examinations have every right to access the marked papers.

The activisist alleged that their teachers also have a right to access the answer sheets in order to gauge their performance, facilitate school based auditing of results with a basis of improving.

RELIABILITY

He claimed that the release of the same would also ensure validity, reliability and accuracy of marks allocated as well as eliminate anomalies such as the possibility of wrong results awarded.

“It’s in the best interest of the children that the examination results be versatile and reliable and that the process of collating as well as tallying be as credible and transparent as possible,” said Mr Omtatah.

He alleged that failure to release the marked answer sheets is arbitrary and leaves the marking shrouded in secrecy which amounts to denying the children who sit KCPE and KCSE examinations a fair hearing.

“The release of the answer sheets, as sought will not compromise the integrity of the examination or the process nor infringe on the right of anyone’s privacy so as to qualify for exemption under Section 42(2) of the KNEC Act,” he said.

Mr Omtatah wants the High Court to compel KNEC to release certified copies of the marked answer sheets of each candidate who sat for KCPE and KCSE this year.

Justice John Mativo  certified the case as urgent and directed that the matter be heard on a priority basis on January 24, 2018 after copies of the case documents have been presented to Knec.