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{
    "id": 426029,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/426029/?format=api",
    "text_counter": 333,
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    "content": "THAT, aware that on November 3, 2004, Parliament passed a Motion requiring the Government to release all KCSE certificates held by schools on account of fees balances; appreciating that in December 2006, the Government ordered the release of KCSE certificates held by schools but that the certificates were released only that one time; concerned that since 2007, schools have continued to withhold certificates especially those of orphans and children from poor families on account of fees balances; aware that Section 10 (1) (b) of the Kenya National Examinations Council Act (No.29 of 2012) outlaws the withholding of certificates by any person or institution; the Senate urges the National Government to take immediate measures to release all certificates held by heads of secondary schools since 2007 and to ensure that no head of a school, person or institution continues to withhold KCSE certificates. Madam Temporary Speaker, you would have noticed that I came here carrying a very huge file. This file is historical because in November, 2004, Parliament passed a Motion, that I sponsored, which is more or less similar to the one before us. At that time, over half a million certificates of children from poor backgrounds were held by schools. This Motion which we passed was not implemented. Parliament exerted pressure. In 2006, I had 145 Members of Parliament sign a petition to effect on behalf of these children. As the court was about to give its ruling in August 2007, the former President Mwai Kibaki ordered that all certificates be released. Indeed, they were released, but only up to 2006. Madam Temporary Speaker, from 2007 until now, the certificates of poor children are being held by schools on account of school fees balances that have not been paid. This means that those children from poor families, mainly orphans, who even scored very highly in KCSE could not get their certificates up to now and, therefore, cannot access employment. The only crime that they have committed is that they were born in poor families. These certificates are being held as security. Madam Temporary Speaker, in order to permanently put this issue to rest, in August 2012, during the Ninth Parliament, I sought the indulgence of the then Minister for Education, the late Mutula Kilonzo, to put an amendment in the Kenya National Examinations Council Act which was being debated. I have already circulated a copy of an excerpt of that Act. Act No.29, Section 10 (1) (b) reads:- “Functions of the Kenya National Examinations Council- To award certificates or diplomas to candidates in such examinations and such certificates shall not be withheld from the candidates by any person or institution.” Madam Temporary Speaker, this law was passed and I thought that the matter was finalized. A year and a half since the passing of this law, schools continue to withhold certificates of these children. I want to inform the Senate that this matter has been brought to this House severally. I wrote to the Cabinet Secretary for Education, Prof. Kaimenyi, on this matter, drawing his attention to the law and requesting him to order The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}