The Kenya National Examinations Council (Amendment) Bill 2016 by Sabatia MP Alfred Agoi proposes five years imprisonment or a fine not exceeding Sh5 million or both for those culpable of examination related offenses.
The Bill is now before the House and according to Agoi, if enacted, it will restore sanity to the sector that has seen parents and students suffer at the hands of a few individuals.
"This proposed law is good for the country if cases of exam malpractices by some people have to be addressed. There are so many issues in the education sector and this is just one of the cures. Credibility in our examination regime must be restored," Agoi told the Star.
Other than punitive measures for the offenders, the Bill also seeks to establish an Examinations Appeals Tribunal that shall consider and determine appeals from the council.
Education CS Fred Matiang'i, during the release of the 2015 KCSE results, dissolved the council's board and ordered employees among them CEO Joseph Kivilu to be investigated over last year's high cases of exam irregularities.
In the 2015 KCSE results, more than 5000 students in 46 of the 47 counties except Isiolo, had their results canceled over cheating incidents.
"Where the council has reason to believe that there is an examination irregularity or malpractice, it shall conduct investigation and take necessary disciplinary proceedings," the Bill reads in part.
For the first time, other than informing the person concerned of the allegations made against them, the appeals tribunal will afford them adequate time to defend themselves either in person or through representation.
Where the council determines that the results were obtained irregularly, it shall nullify and notify the candidate of the decision.
However, the aggrieved candidate or person, will have 28 days from the date of service, to file an appeal to the tribunal whose chairperson and membership of between four and six, shall be appointed by the CS.
The tribunal may annul or vary the determination as it deems appropriate as it seeks to promote professionalism in investigation of the irregularities.
Currently, the decisions of KNEC in canceling exams can only be challenged in court, a move that Agoi says is too expensive and "beyond deserving cases".
"This Bill wants to give hope and voice to the poor students and parents who cannot raise money to file cases in court as well as hire lawyers to represent them," he said.
The proposed Bill also seeks to enhance the quality and control of examinations and to protect the basic rights of candidates by providing for
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