- The High Court directed the Kenya National Examinations Council to release withheld KCSE Music results for a Lugulu Girls candidate
- Court documents seen by TUKO.co.ke detailed how the student’s 2024 results were held over suspected irregularities
- Justice Nixon Sifuna faulted the council for failing to obey the National Examinations Appeals Tribunal orders
- The judge warned that continued disobedience could expose KNEC’s CEO, David Njengere, to possible sanctions
TUKO.co.ke journalist Harry Ivan Mboto has over three years of experience reporting on politics and current affairs in Kenya
The High Court ordered the Kenya National Examinations Council to immediately release the withheld KCSE Music results of a Lugulu Girls student.
Source: UGC
The court warned that the council’s chief executive officer, David Njengere, risks jail for ignoring lawful directives.
According to court documents seen by TUKO.co.ke, the student’s 2024 KCSE results were withheld on suspicion of involvement in examination irregularities.
She later appealed the decision before the National Examinations Appeals Tribunal.
Why KNEC withheld Lugulu Girls candidate’s results
In its ruling on March 28, the tribunal directed KNEC to reinstate her original marks in Music Paper 2 and Paper 3, stating there was no lawful basis for cancelling them.
However, the council failed to comply.
During the court session attended by TUKO.co.ke, Justice Nixon Sifuna criticised the examination body for ignoring a binding order and reminded Njengere that obedience to the courts was mandatory.
“Judicial orders are not a proposal or invitation, compliance with them is a must, and disobedience is not an option. It is not in a litigant’s place to in defiance protest, attempt to rationalise or logicalise a court order that has been directed to him. If dissatisfied with, or aggrieved by it, he can pursue a review or appeal it and wait for the outcome of the appeal,” he said.
The student moved to court through her father, S.W, accusing KNEC of willful disobedience after the council failed to issue a corrected result slip within the required 14 days.
Justice Sifuna found that KNEC had no valid reason for withholding the results, stating that the council had not produced any current order of stay.
“It is uncontested and undenied that the said orders have not been complied with,” he noted.
KNEC argued that an earlier stay had been issued in a related matter, Nairobi High Court Tribunal Appeal No. E009 of 2025, but the judge said the council had failed to prove that the stay was still active.
“Where an interim stay is granted, it lapses automatically if the time within which it is to subsist expires without renewal. The burden of proving that the stay still subsists was on the respondent and Njengere. They failed to discharge that burden,” the judge said.
Why KNEC CEO Njengere could be arrested
He further faulted the council for focusing on challenging the tribunal’s ruling instead of complying with it.
“This is unacceptable in any legal system. Even if a party believes an order to be wrong, judicial orders must be obeyed unless and until discharged,” he warned.
The court has now given KNEC 14 days to release the withheld results, unless a valid stay or a superior court ruling overturns the tribunal’s decision.
Njengere has also been ordered to personally appear in court on December 16, to show cause why he should not be punished for disobeying the orders.
“The said orders having not been complied with, this application is hereby found to have merit and orders are hereby issued as follows. The respondent is hereby directed to comply with the said orders and release the examination results within 14 days from the date of this ruling unless there is in force any order of stay or a court judgment setting them aside,” Sifuna stated.
Source: Instagram
How many KCSE 2024 results were cancelled?
TUKO.co.ke earlier reported that Education CS Julius Ogamba said the ministry had cancelled the results of 840 KCSE 2024 candidates after confirming cases of cheating.
This was after the ministry confirmed cases of cheating. He said the affected candidates would not receive any scores.
Ogamba added that results for another 2,829 candidates had been withheld while investigations continued into suspected exam irregularities uncovered during marking and review.
He also revealed that 91 contracted professionals, among them teachers and support personnel, had been implicated in helping candidates cheat.
Additional reporting by Zipporah Weru
Source: TUKO.co.ke
