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{
    "id": 621953,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/621953/?format=api",
    "text_counter": 203,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "I have a problem with Clause 40(e) where it says that the tribunal can sit at such place and time as the tribunal may appoint. This is will be a national tribunal and many people will want to be heard. If we have the tribunal moving so much from place to place or county to county, people would have a problem finding out where they are seated at a particular time. The idea of devolving it to different counties is a good one but I think it would be better to have sub-committees sitting at various locations for a specific issue. For example, if a particular school in Baringo County has their results cancelled, then the tribunal can go to investigate that issue in Baringo. I want this tribunal to have a level of regularity that allows people to quickly put their issues across. I fear that the ad hoc nature of this tribunal moving from one place to another might make it not have regularity. Madam Temporary Speaker, the tribunal’s mandate is wide but primarily they will be looking at the cancellation of results to allow for more investigation. It is giving 14 days for registering a complaint. This is ample time. We need to put a very clear caveat and caution about what this tribunal is going to do. I know that some Kenyans are going to misinterpret the work of the tribunal by thinking that if someone has a mean grade of C, he or she can request the tribunal to change it to a mean grade of A. I know that many students tend to complain and think that they have been downgraded. This is not a tribunal that will be looking at results relooking or remarking. It will be important to put some cost element to it so that when someone presents a case to the tribunal, it should be vetted as an important matter. If there is some cost implication, it would reduce cases that are not very strong. We have to be careful because on the other hand, we do not want a poor student, who cannot afford the tribunal being unable to have their cases prosecuted. Therefore, some sort of due diligence needs to be done so that we can decipher the actual key cases. In the tribunal, it will be clear because we are talking about exam results that have been nullified or cancelled and cases of cheating. We might want to think about another forum where people can address the issue of remarking of examinations. This happens, for example, in the universities but there are conditions to be fulfilled. This tribunal is not about remarking but cancellation. A person who is aggrieved and is a minor, the application will be done by a parent. This is good so that the parent can do due diligence and provide the right information. There is a provision for the tribunal to make a decision in 30 days. This will give the tribunal enough time to do investigations, come up with findings and present them. Let us improve on this amendment and give the details of what it will entail. What are we going to do if somebody is not satisfied even after the tribunal has pronounced itself on the appeal? Are we going to open up and say that there is another forum that somebody can follow up? Are we saying that the decision by the tribunal is final, if so, we need to have a sense of confidence and nobody needs to worry. This is going to be achieved because if you look at Clause 40(k), a process for verification has been put into place."
}