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{
    "id": 622544,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/622544/?format=api",
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    "content": "examinations are released. This is a large number of candidates whose ambitions and future are shuttered on account of cheating, which is at best an allegation. Mr. Temporary Speaker, Sir, we all agree on the need to protect the integrity of our national examination system. However, this law which gives the Kenya National Examinations Council (KNEC) absolute and unquestionable powers to determine the destiny of our young people is a dangerous law. It particularly becomes dangerous if these powers are exercised arbitrarily. I have reason to believe that these powers have been exercised arbitrarily on several occasions. This is because, often, KNEC does not have enough time to conduct exhaustive and conclusive investigations. For example, last year at the Gusii Institute of Technology, the KNEC decided to withhold examination results of all the 36 candidates who sat for those exams on account of collusion. The students were suspected to have colluded during the exams. It so happened that out of the 36 candidates, one candidate was sitting for the paper on his own in a room with the invigilator. That candidate was also suspected to have colluded. Mr. Temporary Speaker, Sir, collusion means that two people or more acting together. However, on this occasion, there was one student in a separate room with his invigilator yet his results were also withheld on account that he had also colluded. Therefore, you can see that a lot of the time, the KNEC makes arbitrary decisions. Fortunately, after protestations by the students themselves, the results were ultimately released. Where these powers are exercised arbitrarily, the candidate is adversely affected severely; he or she cannot proceed to the next level of education or even secure employment anywhere. Chances are he or she drops out of school and is thus destined to oblivion. In such a case, the life of a young Kenyan is ruined permanently. The effect of withheld, cancelled or nullified examination results on affected candidates is tragic and devastating. In fact, it means a lifetime condemnation. For the families, the decision brings despair and hopelessness. It is the duty of this Parliament to ensure that all persons have a right to fair administrative action as enshrined in Article 47(1) of the Constitution. Article 47(3) also requires Parliament to pass legislation to provide for the review of administrative action by court or if appropriate by an independent tribunal. These provisions are in the Constitution and, therefore, the basis for which I am proposing these amendments to the KNEC Act. Mr. Temporary Speaker, Sir, the Bill being presented seeks to establish the National Examinations Appeals Tribunal to act as a check on the powers of the KNEC to with hold, cancel or nullify examination results. The Bill puts in place a mechanism for checking the powers of the KNEC. The Bill will further seek to fulfill the constitutional duty of this Parliament to put in place mechanism of review of administrative decisions by organs of Government. Therefore, the Bill seeks to establish a tribunal consisting of the chairperson who will be nominated by the Judicial Service Commission (JSC). This is expected to be a person who is an advocate of the High Court of Kenya of at least 15 years standing. There will be one person nominated jointly by the association of head teachers and principals of schools. One person will be nominated jointly by the unions representing the teachers. One other person will be nominated jointly by the associations representing the interests of parents. Lastly, one person will be nominated by the The electronic version of the Senate Hansard Report is for information purposes"
}