It’s end of the road for exam cheaters

By Peter Kamuri

Given the value our system of education attaches to national exams performance, it is regrettable for candidates to miss exam results.

Unfortunately, this has been the norm as no year passes without the national examiner, Kenya National Examinations Council, cancelling some individual or school results after detecting exam irregularities.

Students, teachers and parents who get involved in the malpractices seem to get smarter every exam period. Last year, when former Education minister Sam Ongeri released KCPE exam results, he shocked people with revelations of the many witty ways used in exam cheating. A certain candidate was found with exam answers scribbled on a sandal. Others, especially girls scribble notes on thighs or hands to refer to when in the exam room.

Unfortunately, over the years, the examiner has been coming up with new strategies to stem the vice, but the evil promises to be so stubborn that every year there are cases of irregularities.

Timely Move

However, things may change this time round. President Kibaki has signed into law the Kenya National Examination Bill, 2012, which among other things is full of bad news for those found abetting exam malpractices.

And as KCSE practical exams kicked off this week, this law can only be described as timely.

In the past, Knec has been unable to decisively deal with persons involved in abetting exam cheating due to weak law. The law was either too lenient to offenders or did not have provisions to deal with the evolving crafty ways offenders use to cheat, like in the use electronic devices such as mobile phones.

The Knec Act now criminalises possession of copies of exam papers by unauthorised persons before or during exams. The Act also spells out stiff penalties for anyone found in possession of any material or information purporting to relate the contents of any paper or material for that exam unlawfully. Such a person commits an offence and shall be liable for imprisonment for a term not exceeding ten years, or a fine not exceeding Sh2 million or both.

The provision in the Act that is likely to rub the teachers the wrong way is the one that makes it illegal for persons engaged in the organisation or administration of the exams to go on strike. The justification made is that each child has a right to free and compulsory basic education as guaranteed in Article 53(1)(b) of the Constitution and that exams are extremely expensive exercise and disruption of the process may mean repeat of the process at the expense of the exchequer.

Cost of crime

Supervisors and invigilators have been colluding with teachers and candidates to leak exams. The Act states that “a person who recklessly or willfully assists or causes any exam candidate to obtain or gain unauthorised   possession of any exam paper, material or information thereof, commits an offence and shall be liable, upon conviction, to imprisonment for a term not exceeding ten years, or a fine not exceeding Sh2 million or both.”

Other examination irregularities that have been criminalised include disclosure of exam paper or material to candidates or an unauthorised person. Making a change in the original answer in a script of a candidate without lawful authority and fraudulently altering results, works or marks of a candidate has also been declared illegal and punishable.

Those handling exam material must be vigilant as their loss or misuse is now punishable. The Act further states that “a person who willfully and maliciously damages exam material or facilities commits an offence and upon conviction, shall be liable to imprisonment for a term not exceeding five years, or a fine not exceeding Sh5 million, or both.

Impersonators

Impersonation during exams has been rampant in some areas. The Act prescribes stiff penalties for impersonators if found guilty.

“A person who, for the purpose of an exam conducted by or on behalf of the Council, is not registered to take a particular Council’s exam but, with intent to impersonate, presents or attempts to present himself or herself to take the part of a candidates, commits an offence,” says the Act.

Other than the possible fine or imprisonment for impersonation, the person will be prohibited from taking an exam offered by the Council for a period not exceeding three years immediately after the commission of the offence.

Candidates who copy other candidates work, communicate with others with intent to assist another candidate answer an exam question or be in possession of a textbook, electronic device or material in the examroom without lawful authority shall be disqualified from taking the entire exam. If the person has already taken a paper at the exam, the paper shall be cancelled and may be prohibited from taking an exam offered by the Council for some time.

Undue pressure

The Act also acknowledges the importance of security during exams. Possession of offensive weapons, acting or inciting another person to act in a disorderly manner?for the purpose of disrupting the conduct of an exam or of harming, intimidating, assaulting or obstructing a candidate or any person involved in the conduct of the exam, commits an offence. This is punishable and one can be imprisoned for a period not exceeding three years or pay a fine of Sh500,000 or both.

With the new law, we hope this year fewer cases of exam cheating and irregularities will be reported.

However, the best way to deal with exam malpractices is for all stakeholders to develop a culture of honesty.

Candidates should prepare well to avoid temptations to cheat, while parents and teachers should not put undue pressure to candidates to perform as this tempts them to cheat.

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