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"content": "This is the second Petition. On 19th August, 2015, Hon. Richard Makenga presented a Petition regarding withholding of 2014 early childhood education examination results by the Kenya National Examination Council (KNEC). The Petition was presented on behalf of candidates of Foundation Institute of Africa regarding release of 2014 ECD exam results. In the said Petition, the petitioners had prayed that the National Assembly, through the Departmental Committee on Education, Research and Technology, does a thorough research. Therefore, after several meetings, we made the following recommendations:- (i) an audit of the late registration penalties and other levies charged by the KNEC be verified and their legality; (ii) the KNEC immediately and unconditionally releases the 2014 ECD examination results for all the affected students; and, (iii)the KNEC undertakes unconditional registration of the year 2015/2016 candidates in the Foundation Institute of Africa immediately and also reviews the Kenya Examinations Act with a view to making the institution more effective in conducting and managing examination in the country particularly in its imposition of fees and levies. In considering the Petition, the Committee held meetings with Hon. Richard Makenga and the Managing Director of Foundation Institute of Africa. The Committee also held several meetings with the KNEC. After thorough consideration of the matter raised in the Petition, the Committee made the following observations:- (i) the KNEC has imposed a fine on the Foundation Institute of Africa amounting to Kshs16 million for late registration of candidates in 2014; (ii) the management had made several attempts to seek intervention of the KNEC to waive the penalty fee arguing that the Foundation Institute of Africa was a non-profit organization surviving on contribution by membership; (iii)the management had also sought for intervention by the Ministry of Education for the waiver. The matter was filed in High Court under JR-Case No.328 of 2015 for judicial review where the judge ordered a prohibition restraining the KNEC from canceling or deleting any matter whatsoever among others. In view of the above judgement, the Committee had no intention of contradicting the High Court ruling and, therefore, directed the KNEC to comply with the orders of the High Court. The Committee observed that the petitioner had sought the Committee’s intervention on the audit of all the penalties and levies charged by the KNEC. The Committee recommends that the Ministry of Education, Science and Technology undertakes an audit of all the levies and penalties imposed by the KNEC. The Committee also The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
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