Bill to clip Kenya National Examination Council (KNEC) powers in cancellation of results

Vihiga High School, where 192 students at the school did not receive their results because of irregularities in their Chemistry paper. The examination council may no longer have arbitrary powers to cancel national examination results. (PHOTO: ERIC LUNGAI/ STANDARD)

The examination council may no longer have arbitrary powers to cancel national examination results.

According to a new Bill before Parliament, the Kenya National Examination Council (KNEC), will be required to notify candidates suspected of cheating of the accusations against them and give them an opportunity to defend themselves, including representation by a lawyer.

And should the council decide to cancel the results of the candidates, those aggrieved will have a right to appeal to an independent body within 28 days, says the Kenya National Examination Council (Amendment) Bill, 2016. 

The examination body, which clashes with parents, teachers and students over cancellation of thousands of examination results over irregularities every year, will in future be forced to justify such decisions should the proposed law be enacted.

The Bill seeks to set standards for such cancellations and protect the rights of affected students.

Last year, over 5,000 Kenya Certificate of Secondary Education (KCSE) exam candidates were placed in a quandary after their results were invalidated, adding to thousands of others who have faced a similar fate over the decades.

Without recourse, affected students are either forced to repeat classes or drop out of school altogether.

Parents and affected students will have the right to hire advocates to challenge such decisions, in what might see examination officials fight to defend their actions.   

"In any disciplinary proceedings under this section, the council (Knec) shall inform the person concerned of the nature of the allegations made against them; afford the person adequate time for the preparation and presentation of their defence, and; afford the person the opportunity of being heard in person or through an advocate," read the provisions of the Bill.

The Bill, published just before MPs broke for recess, will be debated in the current session.

It comes weeks before Class Eight and Form Four students sit the Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE) Examinations, respectively.

Appeals Tribunal

The Bill recommends the formation of an Examination Appeals Tribunal with powers to overturn a decision of the Council to annul results, and whose membership will include professionals from the Kenya Curriculum Development Council, the Teachers Service Commission (TSC) and a quality assurance officer from a public university.

The tribunal, to be independent of Knec, will have the power to receive appeals and will be entitled to the services of a legal adviser, "who shall be an advocate of not less than five years standing appointed by the tribunal with the approval of the Cabinet Secretary..."

"There is established an Examinations Appeals Tribunal, which shall consider and determine appeals arising from the determinations of the council. The tribunal may administer oaths and may, for the purpose of dealing with any matter before it, summon any person to attend and give evidence and to produce any relevant documents," it reads.

The mover of the Bill, Alfred Agoi (Sabatia), states in the Bill that the proposals will uphold the rights of candidates while streamlining the process of determining examination irregularities.

"The Bill proposes to provide for a disciplinary procedure before nullification of examinations, the enhancement of the quality and control of examinations and to protect the basic rights of candidates as well as providing professionalism in investigation of examination irregularities," the Bill reads.