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{
    "id": 729653,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/729653/?format=api",
    "text_counter": 194,
    "type": "speech",
    "speaker_name": "Hon. Masadia",
    "speaker_title": "",
    "speaker": {
        "id": 2735,
        "legal_name": "Alfred Agoi Masadia",
        "slug": "alfred-agoi-masadia"
    },
    "content": "If you go to the KNEC Act, you will find that they have kind of limited those rights that are given by the Constitution. Section 42 of the Act says: (1) The right to access to information guaranteed under Article 35 of the Constitution is hereby limited under Article 24 of the Constitution to the nature and extent as contemplated under subsection (2). (2) The Council, being a public entity, shall be under no obligation contemplated under Article 35 of the Constitution to give such information as would, in the opinion of the council- (a) Compromise the integrity of any examination administered by the council; (b) Compromise the examination process; or (c) Compromise the right to privacy of an individual. I did not see anything that the students could have done to compromise these three aspects that are being contemplated here. If you go to Article 47 of the Constitution, which deals with fair administrative action, it says: “(1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.” Parliament has enacted that Act which also gives people the right to fair hearing and fair administration. So, I decided to have this Act amended so that it is in line with the Constitution and it gives students the right to appeal. The areas I address in this Bill are to provide a disciplinary procedure before nullification of examinations, enhancement of the quality and control of examinations and to protect the basic rights of candidates, as well as provide professionalism in the investigation of examination irregularities. I also wanted the Bill to provide for an appeal mechanism on decisions relating to examinations irregularities. Hence we establish an appeals tribunal. This section has been expanded to provide for KNEC to continue with its work, but before the results are announced for any failure or any irregularity, they are supposed to inform the students in writing. They should be told that according to the Constitution, they have a right to be informed in writing that this and that has occurred and they are given the reasons why it has occurred and the students should have the right to appeal. That is the major provision of this amendment. I have also looked at it and said that the tribunal should be able to pick representatives from the Kenya Curriculum Development Council (KCDC), the Teachers Service Commission (TSC) and an officer of quality assurance from one of the public universities. This was done because we did not want people in the Board of KNEC to be also in the tribunal. We wanted independent people who deal with matters of education. The KCDC deals with curriculum, TSC provides the teachers to mark and universities are where students are heading to when they completed Form Four. We thought those are the people who can help the tribunal in addition to the other people who will be appointed by the CS. We also noted that this tribunal should be ad hoc . It should only be established when there is an irregularity. As such, we gave the CS powers to form that tribunal only when there is an irregularity. Last year, we did not have irregularity and as a result, we did not need a tribunal. Therefore, we did not want this to be a source of employment. I am aware of an amendment by Hon. Obure in the Senate, who has formed the tribunal to be in this Act, but I was thinking that the best thing is not to create employment opportunities out of the calamities of the students. We should have a tribunal only when it is necessary. If we put it in law that we have a tribunal, you will pay salaries and allowances to staff. You are kind 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."
}