The case seeking to quash the new education system — the competency based curriculum (CBC) — will be heard by judges to be appointed by Chief Justice Martha Koome.
High Court Judge Anthony Mrima directed the case to be placed before the CJ to appoint an uneven bench to decide the matter which he said raises weighty constitutional issue.
A petitioner seeks to quash the new curriculum and have the country revert to the 8-4-4 system.
Raises substantial issues
"This petition raises substantial and novel issues requiring consideration by an uneven number of judges, being not less than five to be assigned by the Chief Justice," Justice Mrima said.
He directed the case, which was filed by parent and lawyer Esther Ang'awa, be mentioned before the bench on December 7, 2021 for directions on hearing.
The case was mentioned before Justice Mrima on Thursday after Ms Ang'awa sought to have uneven number of judges appointed by the Chief Justice to adjudicate the case.
In the case, Ms Ang'awa, who is being represented by LSK President Nelson Havi, is urging the High Court to quash the new education system and revert to the 8-4-4 one, saying CBC is burdensome, costly and confusing learners given the scarcity of facilities to embrace the new system.
The judge has since enjoined several interested parties in the case. They include Kenyan private schools, the Kenya Union of Post-Primary Education Teachers and the National Parents Association.
The petitioner also argues that actions by Education Cabinet Secretary George Magoha and his team to introduce the new curriculum are unconstitutional and unlawful.