New tough rules to fight cheating in exams

By Martin Mutua

Exam cheats and their accomplices in the crime threatening the integrity of Kenya’s education certificates may soon risk a ten-year jail sentence, a Sh2 million fine, or both.

But this will only be possible if a new law seeking to curb cheating in examinations is passed when Parliament reconvenes tomorrow.

Minister for Foreign Affairs (Education Minister at the time) Sam Ongeri shows how one candidate cheated in examinations. [PHOTO: FILE/STANDARD]

According to the draft Kenya National Examination Council Bill (2012), "any person who before or during an examination conducted by the council has in his or her possession or under their control any examination paper or part of it would be committing a criminal offence".

The proposed Bill further states that any such person found with any material or information purporting to relate to the contents of any paper or material for that examination without lawful excuse would be committing an offence and could be jailed upon conviction to up to 10 years or a fine of up to Sh2 million or both.

To tighten the loose ends further, the draft law points that for purposes of proving the offence, it shall not be necessary for the prosecution to prove that the paper or material one is caught with are genuine or fake Knec documents.

Education Minister Mutula Kilonzo who is set to table the Bill in Parliament explains he wants the new law enacted before June. "Never again do we want fraudsters to mess with our examinations which have over the years shaped the careers and destiny of the majority of Kenyans," he assured the country.

Mutula said he hoped Members of Parliament would understand the urgency and the importance of the proposed law, which is aimed at dealing with those out to mess the education system and protect those honestly pursuing knowledge.

"Education is the backbone of any child’s life and the pride of any parent and, therefore, to fraudulently tamper with a child’s education is to tamper with their future, something we must never allow," he added.

The draft law also decrees that, "a person who recklessly or willfully assists or causes any examination candidate to obtain or gain unauthorised possession of any examination paper, material or information would also be committing an offence," that could seem them failed for ten years, fine Sh2 million, or both.

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