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Court to issue directions on orders sought to halt implementation of KEMIS
12th January, 2026 07:23 PM
A Kisumu High Court is expected to issue directions on orders seeking to block the Ministry of Education from implementing the Kenya Education Management System (KEMIS).
The director of Cabrytz Limited, Zablon Mboga Gavore, through a notice of motion filed at the Kisumu High Court Commercial and Admiralty Division, is seeking to temporarily halt the implementation of KEMIS until an application he has filed is heard and determined.
According to the court papers, Mboga has sued the Cabinet Secretary of Education, Julius Migos Ogamba, for copying and changing a software platform that his company had developed and worked on and presented to him, known as Software as a Service (SaaS), without his consent.
The director states that after developing the software, he, on diverse dates, including on March 10, 2025, March 13, 2025, March 25, 2025, and April 28, 2025, approached CS Ogamba, expressing his interest in engaging in partnership to implement and deploy the ClickShule system as a solution for the Ministry of Education.
Further, Mboga, through his lawyer Stephen Adier, notes that the ClickShule system is aligned to the Ministry’s goal of digital transformation and improved learning outcomes.
Later, he then developed a brochure that generally covered a value proposition, the concerns with current systems and the solutions that their system would offer and was shared with the CS Ogamba upon request on May 7, 2025.
The director also reveals that the Ministry of Education held various meetings with him, including on March 27, 2025, and on May 30, 2025, during which meetings his proposal was discussed and he demonstrated the ClickShule system’s capabilities.
Concept for the system
In addition, he also shared the concept for the system and an open presentation relating to the system with the Ministry of Education.
“The first presentation of the ClickShule system was with the ICT Department of the Ministry of Education, and the second presentation was with a team of experts from the Legal and Policy Department. At the final presentation stage, we were asked to do a live presentation of the system to ascertain the proof of concept (PoC) and stress test the system of both the revenue collection model and the data collection – which we did satisfactorily and was accepted by the Ministry of Education,” Director Mboga states in his affidavit.
“The Ministry of Education asked that we rebrand the system from the ClickShule system to the Comprehensive Integrated Education Management Information System (CIEMIS), which we accepted, and we changed the system to CIEMIS. A link to CIEMIS is at http://www.ciemiskenya.com/,” Mboga adds.
However, he states that as he waited to hear from the Ministry on the next step, he learnt that CS Ogamba had procured the services of The Konza Technopolis Development Authority (listed as the 2nd Defendant) to develop a system known as the Kenya Education Management System (“KEMIS” or “the Infringing System”) with a view to replace the current National Education Management Information System (“NEMIS”).
Further, he states that CS Ogamba has commenced countrywide training of teachers, including school heads, on the use, deployment and functionality of the “infringing system” with a view to launching and using it within the country by the month of September 2025 and that it would cost the Ministry of Education Kshs300 million to roll out.
He argues that he stands to suffer untold loss and damage to his substantial investment in the ClickShule system, which is currently valued at Ksh89.92 billion, unless CS Ogamba is restrained by the court from implementing it.
Mboga now wants the court to issue conservatory orders blocking CS Ogamba, the Konza Technopolis Development Authority and the Attorney General from implementing the KEMIS system until his application is heard and determined.
“Pending the hearing and determination of the application and suit herein, a temporary injunction be issued restraining the respondents from developing, deploying, launching, or otherwise using, passing off, selling, offering for sale, broadcasting, advertising, or making available to the public the system known as KEMIS, or in any way from further infringing upon the plaintiff’s (Mboga) copyright or intellectual property over the system and software known as the ClickShule system in any manner whatsoever pending the hearing and determination of this suit,” part of the orders sought read.
“That the court declares the plaintiff’s (Mboga) intellectual property rights in the ClickShule system, and such software known as the ClickShule system, have been and are likely to continuously be infringed, contravened and violated, and therefore the plaintiff needs protection,” part of the application read.
Justice Joe Omido will issue direction of the order sought in the notice of motion on January 15, 2026, at 8:30am.
