A three-judge bench has dismissed a petition challenging the competency-based curriculum (CBC) saying scrapping it would cause disorder in the education system.

Lawyer Nelson Havi had petitioned the court to halt implementation of the CBC arguing it had not undergone public participation ahead of its rollout.

But Justices Hedwig Ongundi, Antony Ndung'u and John Chigiti maintained that the CBC had involved significant engagement with education stakeholders, the public and faith-based organisations.

"What will be the results of nullifying the CBC...will it be in the best interest of the child to make him or her forget what he has learnt to learn something else," the bench posed.

While delivering its judgement, the court noted that scrapping the CBC would result to job loses and wastage of public resources already invested in its rollout.

The petition, initially filed by lawyer Esther Awuor Adero Ang'awa, had listed the Ministry of Education, National Assembly, Teachers Service Commission (TSC), and Kenya Institute of Curriculum Development (KICD) among the eight respondents.

In 2022, Ang'awa withdrew from the case, citing profiling by the State, and her position was taken over by Havi.

In his petition to the court, Havi argued that without the involvement of all stakeholders, children are being forced to make career choices prematurely.

"Unfortunately the court has said we are busy bodies, we came to court late and has dismissed the petition," Havi said at the precincts of the court after the ruling.

The court directed the Education cabinet secretary Ezekiel Machogu to undertake amendments to the Basic Education Act to align it to the CBC structure.