Lawyers sue MoE over alleged gaps in Senior School selection portal

Two lawyers have moved to court seeking to compel the Ministry of Education to address alleged gaps in the digital platform used by learners to select subject combinations and senior schools under the Competency-Based Education (CBE) system.

Omwenga Ongegu and John Ominde have filed a case against the Education Cabinet Secretary, the Principal Secretary and the Attorney General, raising concerns over the accuracy and completeness of information provided through the Kenya Education Management Information System (KEMIS).

The lawyers argue that learners transitioning from junior school to senior school risk making decisions without access to comprehensive information on the subjects offered by different institutions.

According to the court documents, the applicants claim that some subject combinations displayed on the portal have no schools listed against them, while others are linked to only a limited number of institutions despite allegedly being offered by many more schools nationally.

They cite the combination of Biology, Chemistry and Physics under the Science, Technology, Engineering and Mathematics (STEM) pathway, alleging that the portal lists only 1,000 schools against their claim that 10,515 institutions offer the combination.

The applicants further claim that the platform lists 418 subject combinations, with 28 having no school attached to them and another 27 linked to only one institution.

They have also questioned how Community Service Learning, which they describe as a compulsory and examinable subject, is represented in the available combinations.

The lawyers warn that the alleged shortcomings could undermine learners’ ability to select schools and subjects that match their interests, abilities and future career ambitions. They argue that incomplete information could leave some students with limited options, particularly where university and college admission requirements depend on specific subject combinations.

The case also raises concerns about subject options available to learners with disabilities, with the applicants alleging that some institutions catering for these learners have limited choices displayed on the portal.

Ongegu and Ominde want the court to order the ministry to publish a comprehensive and accurate list of schools offering each subject combination, together with the subjects available at individual institutions.

They are also seeking orders to stop the ministry from finalising the placement exercise until the alleged gaps are addressed.

The legal challenge comes amid the education sector's implementation of the transition from junior school to senior school, placing the spotlight on the reliability of digital systems being used under the new curriculum.

The applicants maintain that learners and parents need accurate information to make informed choices during the selection process and avoid situations in which students are placed in institutions that do not offer their preferred combinations.

The allegations are yet to be determined by the court. Filing the case does not automatically mean that the portal has been declared defective or that the placement exercise has been suspended.