The High Court has summoned Kenya National Examinations Council (KNEC) chief executive officer, Dr David Njengere, over alleged contempt for withholding a former Lugulu Girls High School student’s 2024 KCSE Music examination results.
Justice Prof (Dr) Nixon Sifuna issued the summons on November 25,2025 and ordering KNEC to release the results within 14 days.
“The said Dr David Njengere, the CEO of the KNEC, is hereby ordered to appear in person to show cause why he cannot be punished for disobedience of the said orders, and for further orders,” Justice Sifuna ordered.
“KNEC is hereby directed to forthwith comply with the said orders and release the said examination results within 14 days from the date of this ruling; unless there can be in force, any order of stay or a Court judgment setting them aside.”
The matter stems from a National Examinations Appeals Tribunal ruling delivered on March 28,2025, which directed KNEC to reinstate the student’s marks in Music Paper 2 and 3 and issue a valid result slip.
Despite being served with the orders, KNEC has failed to comply.
Justice Sifuna said the CEO’s continued refusal to release the results amounted to deliberate disobedience of a court order.
“Judicial orders are not a proposal or invitation; compliance with them is a must, and disobedience is not an option,” the judge noted.
“Attempts to rationalize non-compliance are unacceptable in any legal system.”
The court has scheduled the matter for mention on December 16, 2025, when Dr Njengere must appear in person to explain why he should not face six months in jail for contempt of court.
“The respondent’s Chief Executive Officer is aware of the orders, their content, and what they require KNEC to do,” Justice Sifuna emphasized.
The case was filed by Sylas Amukobole, the parent and guardian of candidate who sat for the 2024 KCSE Music examination at Lugulu Girls High School.
Amukobole challenged KNEC’s decision to withhold the results, arguing that it was unfair and had no lawful basis.
KNEC, through a replying affidavit by Deputy Director of Research & Quality Assurance Andrew Francis Otieno, argued that the council had obtained a 30-day stay in May 2025 to justify the delay, but the court found that any such stay had lapsed and there was no proof of extension.
Justice Sifuna noted that tribunal orders are enforceable in the High Court and stressed that delays in releasing results undermine the integrity of the examination system.
“When a stay lapses by effluxion of time, the obligation to obey the subject order automatically resumes,” he said.
