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{
    "id": 621945,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/621945/?format=api",
    "text_counter": 195,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Zani",
    "speaker_title": "",
    "speaker": {
        "id": 13119,
        "legal_name": "Agnes Zani",
        "slug": "agnes-zani"
    },
    "content": "Mr. Deputy Speaker, Sir, I stand to support this important Bill by Sen. Obure that addresses the whole issue of setting up a tribunal. It is an amendment to the Kenya National Examination Council (KNEC) Act. There have been various cases of cheating and the then Cabinet Secretary of Education Prof. Kaimenyi gave figures. In a report on the results of 2015, he alluded that 2,975 cases of cheating had been noticed. Prior to that, in 2013, 3,012 cases of cheating had been reported. The Senators who spoke before me talked about the worry that is consuming this country in terms of the cases of cheating. It is for this reason that the Kenya National Examination Council (KNEC) has been so strict that sometimes it cancels result. When students cheat, it means the grades that they get are not theirs. A student should be able to read, understand, articulate, answer the questions and then get a grade. The Council has reason to be worried about cases of cheating and bring provisions to ensure that cheating does not take place. In some cases, however, results in some schools have been cancelled even when some of the students did not cheat. Indeed, there are cases where one student could have been sitting in one room and the other 49 or 50 students were sitting in another room and then all their results are cancelled. Definitely, this well supervised student was not part of the case. The Council has been trying to address all this. Section 45 of the Act specifies the conditions under which the results can be nullified. Where the Council is satisfied that there is any sort of irregularities in the course of the exam, it can suspend or nullify the examination. Where the results have been obtained by any irregular means, the Council can nullify those results. The Council can conduct investigations on results and come up with conclusions. Investigations can be conducted and witnesses called. That is provided for in the principal Act. The amendment to this Act seeks to introduce the idea of a tribunal. In the principal Act the force and the authority of the Council is completely automatic and supreme. Once the Council has made a decision, there is no recourse for that student to later on come and say: “This and that are my circumstances.” That is the reasoning behind this particular amendment; that a tribunal is created. In the New Part 4(a), the National Examination Appeals Tribunal is proposed so that it can handle these specific components. We need to be careful because at the end of the day, the Council was doing its work up to a particular point and validly so. We have cases of students who may want the results to be relooked at, especially where they have The electronic version of the Senate Hansard Report is for information purposes"
}