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{
    "id": 438478,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/438478/?format=api",
    "text_counter": 177,
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    "content": "amendment lawful to release the certificates. Therefore, right now, we have an Act of Parliament, Act No.29 of 2012 that outlaws withholding of certificates by any person or institution. The Government has no option but to obey the law. The law does not give an option. The law says “shall not” be withheld. That is very clear. It is estimated that over 100,000 certificates are held by schools. Recently, I visited a secondary school near my village and I asked the principal to show me the certificates he was withholding. He reached out for a big carton where he had kept certificates which were collecting dust. He did not know the owners. Some, if ladies, are already married probably after giving up. Others belonged to men who hang around in the village. The principal admitted that he had no business with the certificates. It is absolutely unfair for institutions to destroy the lives of children. They are destroying them. I had an occasion, and I am sure that my colleagues have experienced this too, when a student has come to me and told me that they wanted to join the army or someplace but they need to pick their certificate but have a balance of Kshs20,000. I know that you have helped such students to collect their certificates and I have done the same. Should we allow this to continue? The answer is no. All we are asking is that the Government should obey the law. The law is clear. My former Minister, Mr. G.G. Kariuki, asked that we come up with a law. The law is there, Act No.29 of 2012. I have drawn the attention of the Cabinet Secretary to this law and he has seen that the law is there. However, he also says that teachers want to collect their fees. The law does not say that you should hold certificates only when there are fees balances. I have also written to the Attorney-General to urge the Cabinet Secretary to have these certificates released. The hon. Attorney-General has not responded. I have written to the CEO of the Kenya National Examinations Council (KNEC) to consider sending certificates directly to candidates and he talked about logistical compilations. He said he could not do it and had to send them to schools. I am appealing to this House to pass this Motion. After passing the Motion, the Committee of the Senate that is responsible for implementation should take up this matter immediately and make sure that the certificates are released and that they will be no longer be held. We should not be passing Motions every day. Since the law is there, let the law be obeyed. I agree with my colleagues that there must be a solution to the problem of financing institutions. Indeed, that is the responsibility of the Government to know what to do to ensure that schools are funded. I believe that the President also mentioned that his aim is to allow free education including boarding facilities. If that is done, then teachers will have no reason to hold certificates. There will be no balances since the Government will have taken care of that. I thank my colleagues, once again. Let us hope that this will be the end of the Motion on the retention of certificates because of school fees. We will ask the Minister to implement this Motion and ensure that no future certificates are held which would be in contravention of the law. 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."
}