KNEC under fire as High Court rebukes CEO over withheld student exam results
KNEC under fire as High Court rebukes CEO over withheld student exam results
The High Court has summoned Kenya National Examinations Council (KNEC) Chief Executive Officer David Njengere and ordered him to immediately release the withheld KCSE Music results of a Lugulu Girls High School candidate, warning that he risks jail for defying lawful tribunal directives.
Justice Nixon Sifuna issued the orders after finding that KNEC had unlawfully withheld the 2024 KCSE Music Paper 2 and Paper 3 results, despite a binding decision by the National Examinations Appeals Tribunal delivered on March 28, 2025.
Court documents indicate that the student’s results were initially withheld over suspicion of involvement in examination irregularities. However, after her father filed an appeal, the tribunal reinstated her original marks and directed KNEC to issue a corrected result slip within 14 days.
In a strongly worded judgment, Justice Sifuna condemned the examination body for what he described as “wilful disobedience” of binding judicial orders.
“Judicial orders are not a proposal or invitation; compliance is a must, and disobedience is not an option,” the judge stated. “It is not in a litigant’s place to, in defiance, protest or attempt to rationalise a court order. If dissatisfied, one must pursue a review or appeal and await the outcome.”
The judge noted that it was undisputed that KNEC had not complied with the tribunal’s directive. Although the council claimed that an earlier stay order had been issued in a related matter, Justice Sifuna said KNEC failed to prove the stay was still valid.
“Where an interim stay is granted, it lapses automatically if the period lapses without renewal. The burden of proving that the stay still subsists was on the respondent and Dr Njengere. They failed to discharge that burden,” he said.
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Justice Sifuna further criticised KNEC for “protesting and lamenting” instead of complying with the lawful directive, noting that such conduct undermines the administration of justice.
“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 overturning the tribunal’s decision is presented.
Njengere has been directed to personally appear before the court on December 16, 2025, to show cause why he should not be punished for disobedience.
“The said orders having not been complied with, this application is found to have merit,” Justice Sifuna ruled.
“The respondent is hereby directed to forthwith comply and release the said examination results within 14 days from the date of this ruling.”
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