By Sam Otieno

The laws governing national examination are in the spotlight once again after Education Minister Sam Ongeri reversed a penalty barring exam cheats from sitting KCSE for two years.

About a year ago, the Kenya National Examinations Council (Knec) had proposed the most comprehensive and ambitious review of the Knec Act since 1980.

Proposals such as Sh100,000 fine or a jail term of at least one year, or both, for any candidate found copying from another candidate’s script were floated.

In addition, such person was to be disqualified from taking the examination and if already done, the results would be cancelled. Those disqualified shall be barred from taking any council examination for two years.

It would also be an offence to be in possession of an examination paper or use its contents in any manner.

Anybody found in illegal possession, or who has fore knowledge of the contents of an examination paper, will be fined a minimum of Sh100,000 and a maximum of Sh250,000 or imprisonment for not more than two years, or both.

The proposed amendments also provided for the enforcement of copyright protection of all Knec documents, examinations and publications.

Knec has been pushing for the amendments to its Act Cap 225A, which mainly deals with examinations offences and penalties, as it awaits the outcome of the newly proposed Education and Training Bill.

Lenient Act

It is evident that the current Act lacks a robust legal framework to enforce compliance with provisions of managing examinations and dealing with examination offences, irregularities and malpractices in the context of emerging challenges and technologies.

The Ministry of Education has dragged its feet in presenting the amendments to the Knec Act in Parliament to enact the changes.

On the other hand, it is worth noting that the Knec Act, developed in 1980, is not only the most lenient in the region but also the oldest.

The major penalties meted out to examination fraudsters are mainly internal, including withholding and cancellation of results.

But there were few cases of the application of the provisions of the law to errant candidates and accomplices. Our law is lenient compared to that of West African countries, which punish examination offenders with death.

In Nigeria, for instance, it is a presidential decree that candidates who cheat in examinations are fined heavily or sentenced to three years in prison.

The Nigerian Examination malpractices decree 99 states that children charged with an offence under the decree shall be dealt with under the provisions of the Children and Young Persons Act.

In Ghana, those guilty of leaking examination material are liable for imprisonment for a term of not more than two years.

Impersonation

The West African Examinations Council Act 2006 outlines examination offences as illegal possession, knowledge or use of examination papers, leakage of examination papers and other related examination malpractices, impersonation, and copying.

Other offences are possession of offensive material, assault of invigilators and supervisors, and abetment of offence.

The Nigerian Act criminalises cheating at examination centres, stealing of question papers, impersonation, disorderliness at examinations, obstruction of supervisors, forgery of result slips, and breach of duty.

Knec had proposed to punish individuals for illegal possession, knowledge or use of exam papers, leakage of examination papers and other related examination malpractices such as impersonation, copying and possession of offensive materials.

Other offences are assault on invigilator, supervisor, inspector or another candidate, aiding and abetment of offence, and damage or destruction of exam material or facilities.

It is high time that the laws governing our examination are tightened to keep cheats at bay.

—The writer is education reporter with the Standard

osamuel@standardmedia.co.ke