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{
    "id": 325772,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/325772/?format=api",
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    "content": "with all the challenges as best as I could ascertain in my office and through consultations at this point through this Bill. One of the challenges has been the security of examinations. We have had serious problems with the security of our examinations at any given time, thereby, creating a serious weakness regarding the perception of those examinations. Those security challenges over the years have led to serious problems which have led to cancelling of results of candidates, which is in itself a very unacceptable method of bringing up our youth. Therefore, this House will be aware of the enormous public outcry and challenges in ensuring an achievement of free and compulsory basic education for all children. To offer such a thing in the Constitution when you cannot examine the children in a transparent manner and protect the examinations is unfair. You will find that Section 15 of the existing Act, only provides a very shallow offence, if I may call them, legal sanctions. It is very unfortunate because the Act only addresses simple things like knowingly revealing the content of an examination paper or a question to unauthorized persons. Again, we have had problems with willful and malicious damage of examinations material. We have had impersonation taking place during examinations and forged certificates being offered. In fact, it is only this morning that I was addressing the Parliamentary Committee on Equal Opportunity. We ended up with nearly 300 forged certificates in one of the recruitment exercises that my Ministry undertook of subordinate staff. Therefore, I beg to ask this country, through this House, to accept the recommendations that we have brought forth for completely repealing the existing Examinations Act. Mr. Temporary Deputy Speaker, Sir, the other one is on the role of administrators of examinations. We want to bring a new law so that these people understand that what they are doing is in trust both to the country and the children of this country. There has also been serious public outcry to punish the examination handlers rather than the children. You will remember that in Kenya, right now under the existing law, if a child is caught cheating in examinations and it is clear that the paper has been smuggled or a text message has been sent to him, we only punish the child. I would like to recommend to the country, through this House, to change that so that these fraudsters who undermine the integrity of our examinations are also punished. Therefore, we have recommended, as you will see, that Section 15 which only now offers imprisonment for a term not exceeding 12 months or to a fine not exceeding Kshs5,00 or to both, imprisonment and fine, be repealed completely. Since 2008, over 40 persons have been arrested and charged in court in connection with engagement in examination offences. Of these people, two paid a fine of Kshs5,000, three were sentenced to serve a jail term of 12 months each while one was put under probation for six months. The other cases are still pending before court. This is outrageous and as a senior counsel of this country, I want to present this Bill which has seen serious consultations across the country so that the integrity of our examinations can be respected and above all, we can start taking advantage of exporting human capital after we utilize this law. I would like to ask hon. Members to look at the Bill, particularly, the outline and Clause 26 which provides for persons handling examinations issues to sign an oath of secrecy, which is a departure from the past, and abide by it. Contravening that oath of"
}