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{
    "id": 599547,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/599547/?format=api",
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    "content": "“Every person has a right to education.” It is sad that we still go back to say education can only be proved through a certificate. Therefore, if your certificate is withheld, it is as good as withholding your right because you cannot proceed from primary to secondary school without it, and more so, from secondary school to any other level. Therefore, if somebody denies you the certificate, he is curtailing your right under the Constitution. We need to correct that by making sure that certificates are not withheld. Madam Temporary Speaker, Article 53(1)(b) says that:- “Every child has a right to free and compulsory basic education;” We all understand that basic education goes all the way to secondary school level. Most of the problems of certificate withholding are at the secondary level. Therefore, withholding them is against the Constitution. We should ensure that the certificates are released to their owners so that they continue with higher education or get employment to improve their standards of living. Article 55(a) says that:- “The State shall take measures, including affirmative action programmes, to ensure that the youth access relevant education and training;” When we talk of training, it means university or tertiary education. If it is recognized in the Constitution that it is a right, it must then be actualized or realized by having the necessary proof of that education which is a certificate. If education is a right, then that certificate is a right of that student. Madam Temporary Speaker, as I said, this is not the first time that Sen. Musila has worked on such kind of a Bill. As a result, we have the Kenya National Examination Act of 2012. Section 10(1)(b) of the Act talks of the prohibition of withholding certificates. However, it is not being realized because there are no penalties. Teachers are still withholding certificates. Once the Government issues a directive, the Kenya National Union of Teachers (KNUT) will run to court to say that certificates cannot be released until the fees are paid. It then becomes a union issue yet they know very well that these are individual rights which should not have become a union issue. When teachers withhold the certificates, it is not because it is a KNUT issue or it affects the welfare of teachers. They do so knowing very well that certificates affects welfare of students. The first thing for the teacher to note is that he or she is a guardian and a parent to the students that they are mentoring. Therefore, they should not be the ones making their lives difficult by advocating for withholding of their certificates. This Bill has come at the right time because we are introducing the aspect of penalties as we have it indicated in Section 45(8) which say that:- “A person who contravenes the provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding Kshs800,000 or imprisonment for a term not exceeding one year or both.” When this Bill was discussed earlier, I heard some Members say that these are very stringent or harsh penalties. However, they have to consider the effects that the withholding of certificate has to the life of a person. It is much more than this. At face 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."
}