Nelson Havi. Photo/Courtesy
Former Law Society of Kenya president Nelson Havi has launched a sharp legal critique of Kenya’s Competency-Based Curriculum (CBC), arguing that the system has no firm grounding in law and is therefore invalid.
In a statement shared on social media, Havi claimed that key provisions required to anchor CBC within the country’s education framework have not been implemented.
He argued that Section 41 of the Basic Education Act has never been amended to formally accommodate CBC, despite the curriculum being rolled out nationwide.
Havi further noted that regulations envisaged under Section 73 of the Act, which are meant to operationalise curriculum changes, have not been enacted.
According to him, this legal gap undermines the legitimacy of CBC and exposes it to constitutional and administrative challenges.
The outspoken lawyer also questioned the government’s commitment to education reforms recommended by the Presidential Working Party on Education Reform, whose report was released on June 9, 2023.
He said no committee has been constituted to implement the report, despite repeated assurances by education officials.
On accountability, Havi took aim at the leadership of the education sector, pointing out that both the Cabinet Secretary for Education and the Speaker of the National Assembly are trained advocates.
He questioned why, in his view, clear legal omissions have been allowed to persist.
Havi also criticised what he described as a disconnect between policymakers and ordinary Kenyans, alleging that senior officials championing CBC have their children studying abroad.
He argued that this weakens public trust in the reforms being promoted locally.
His remarks come amid growing public debate over CBC, with parents, teachers, and education experts raising concerns about implementation, costs, and learner preparedness.
While the government has defended the curriculum as progressive and learner-centred, Havi’s comments add fresh legal and political pressure on the ongoing reforms.