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{
    "id": 622554,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/622554/?format=api",
    "text_counter": 464,
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    "content": "up a tribunal, a chair appointed by the Judicial Service Commission (JSC), membership from the teachers unions, membership from the school heads. Sen. Obure has talked about one representative from head teachers. However, in my experience and dealings with teachers, I know that there are two groupings; there is the Kenya Primary School Heads Association (KEPSHA) and the Kenya Secondary School Heads Association (KESSHA). Maybe both parties might want to be part of this particular tribunal. Mr. Temporary Speaker, Sir, when it comes to teachers’ union representatives, we also have the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post- Primary Education Teachers (KUPPET). Maybe when we proceed and we subject this to further interrogation, we might ask ourselves if we want to have both unions represented in the tribunal. The beautiful thing is that anyone aggrieved by KNEC, now has an option of appealing within 14 days. One might argue that even in the current set up, a student or a pupil or a parent can go to court to challenge the decision of KNEC. That is an option that is available, but we know having seen some of the interesting debates and disclosures coming out of the judiciary that, sometimes, access to justice is not that easy for the poor, the underprivileged and for people who come from some of these marginalized areas. So, instead of saying people can go to court and challenge KNEC decisions, it is a much better idea to have a tribunal which will act specifically in cases where they feel that KNEC has made a wrong decision. Mr. Temporary Speaker, Sir, this will guarantee fair trial and will make sure that any administrative action that is taken is done in a proper manner. Whereas students are usually victimized for examination malpractice, sometimes teachers get off the hook. When the teachers are employed, the Teachers Service Commission (TSC) has a code of conduct. It would be important that TSC also reviews its code of conduct; that a teacher who is found to be complicit in examination irregularities, this should be grounds for interdiction. However, that should only be done after due process has been undertaken and where the teacher has been given the right to appeal or to explain themselves. Mr. Temporary Speaker, Sir, KNEC can also not escape blame for cases of examination irregularities in this country. It is only last year when we saw examination papers being circulated in the social media, on WhatsApp and even on television stations. It is quite unfortunate that this nation was being treated to 9.00 p.m., news bulletin with the exact examination paper that would come up the following day. It is important that KNEC undertakes serious scrutiny of its own operations to make sure that we stem these many cases of examination irregularities. The Mover of this Amendment Bill did not mention that in a certain year, ten secondary schools in Kisii County had their examination results cancelled. That is a serious mass condemnation of an entire generation. Once this Bill becomes a law, we believe that they will find a way of finding some of these decisions reversed. Finally, with regard to the issue of integrity in national examinations, we can blame the KNEC, parents and students, but it is a reflection of the kind of rot in our society. If you access the East Africa Youth Survey Report which was released by the Aga Khan University a month ago, it gives you some interesting findings about the attitude of young people in this country. About 60 per cent of the people who were The electronic version of the Senate Hansard Report is for information purposes"
}