The High Court ordered the Kenya National Examinations Council (KNEC) to release a Kenya Certificate of Secondary Education (KCSE) candidate’s withheld Music exam results within 14 days.
Justice Nixon Sifuna has further summoned the agency’s Chief Executive Officer, Dr. David Njengere, to personally appear in court over an alleged refusal to obey lawful tribunal orders.
The court issued the orders on November 25, in a Miscellaneous Civil Application , filed by Sylas Amukobole, the father of a Lugulu Girls High School candidate whose 2024 KCSE Music Paper 2 and Paper 3 results were withheld on suspicion of exam irregularities.
The student, identified as candidate number 36600002022, had successfully appealed the withholding of her results before the National Examinations Appeals Tribunal.
In a judgment delivered on March 28, 2025, the Tribunal ordered KNEC to reinstate her original marks and issue a valid result slip within 14 days.
However, KNEC did not comply with the order, consequently, Amukobole moved to Court seeking committal of Dr. Njengere to six months in prison for contempt.
KNEC, through an affidavit sworn by its Deputy Director of Research and Quality Assurance, Andrew Francis Otieno, argued that the agency did not disobey the Tribunal because it had obtained interim stay orders on May 14, 2025, in High Court Tribunal Appeal No. E009 of 2025.
But the judge said that the stay orders were valid for only 30 days, and KNEC had failed to provide evidence that they were ever extended.
Justice Sifuna said the burden of proof lay with KNEC and its CEO, but they “failed to discharge that burden.”
Justice Sifuna faulted KNEC for attempting to re-litigate issues the Tribunal had already conclusively determined.
“Judicial orders are not a proposal or invitation compliance with them is a must, and disobedience is not an option,” he said
He added that parties cannot justify or rationalize their refusal to obey a lawful order simply because they disagree with it.
“This matter shall be mentioned on 16/12/2025, for Dr DAVID NJENGERE the CEO of the KENYA NATIONAL EXAMINATION COUNCIL, to show cause why he cannot be punished for disobedience of the said orders, and for further orders,” ruled Sifuna.
“The said Dr DAVID NJENGERE, is hereby ordered to appear in person before me on that day.”
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