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Kenya National Examinations Council Act

This Is An Act Of Parliament To Provide For The Establishment, Powers And Functions Of The Kenya National Examinations Council And The Conduct Of Examinations And Related Matters.

The Kenya National Examinations Council is established by Section 3 of the Act.

Members of KNEC (Section 4)

The Council shall consist of—

(a) a Chairperson appointed by the President;

(b) the Principal Secretary of the Ministry responsible for matters relating to education or a representative of the Principal Secretary;

(bb) the Principal Secretary of the Treasury or his representative;

(c) the officer in charge of quality assurance and standards in the Ministry responsible for matters relating to education;

(d) the Director of the Kenya Institute of Curriculum Development;

 (e) the Secretary of the Teachers Service Commission;

(f) the following persons appointed by the Cabinet Secretary— (i) one member to represent the interest of persons with disabilities; (ii) one person to represent the post school technical and business training institutions in Kenya, including polytechnics; (iii) one person to represent private sector involved with management of Education as the Cabinet Secretary may determine;

(g) the Chief Executive Officer

 

View the current council members here.

Functions of the Council  are set out in Section 10 as being to:

(a) set and maintain examination standards, conduct public academic, technical and other national examinations within Kenya at basic and tertiary levels;

(b) award certificates or diplomas to candidates in such examinations; such certificates or diplomas, shall not be withheld from the candidate by any person or institution;

(c) confirm authenticity of certificates or diplomas issued by the Council upon request by the government, public institutions, learning institutions, employers and other interested parties;

 (d) issue replacement certificates or diplomas to candidates or diplomas to candidates in such examinations upon acceptable proof of loss of the original;

(e) undertake research on educational assessment;

(f) advise any public institution on the development and use of any system of assessment when requested to do so, and in accordance with such terms and conditions as shall be mutually agreed between the Council and the public institution;

(g) promote the international recognition of qualifications conferred by the Council;

(h) advise the Government on any policy decision that is relevant to, or has implications on, the functions of the Council or the administration of examinations in Kenya;

(i) do anything incidental or conducive to the performance of any of the preceding functions.

KNEC has Powers under Section 10(2) & 11 to: 

(a) make rules regulating the conduct of examinations and for all purposes incidental thereto;

(b) make rules regulating the confirmation of examination results and for purposes incidental thereto;

(c) make rules regulating the conduct of issuance of replacement certificates or diplomas and for all purposes incidental thereto;

(d) make rules regulating the conduct of issuance of certificates or diplomas and for all purposes incidental thereto;

(e) withhold or cancel the results of candidates involved in examination irregularities or malpractices;

(f) appoint any officer responsible for education or training, including heads of education and training institutions to assist in the administration of examination as may be prescribed by the Council in consultation with the Cabinet Secretary;

(g) equate certificates issued by accredited foreign examining bodies with the qualifications awarded by the Council;

(h) conduct examinations on behalf of foreign states or entities upon request by such states or entities;

(i) conduct academic, technical and other examinations outside Kenya on request;

(j) offer examination services and other advisory services relevant to examinations to private institutions in Kenya upon request by such institution and on such terms as the Council may determine;

(k) invite such body in or outside Kenya, as the Council may consider necessary, to conduct on its behalf, academic, technical and other national examinations within Kenya, or to conduct these examinations jointly with the Council and to award certificates or diplomas to successful candidates in such examinations;

(l) co-operate with such bodies, under paragraph (k), in the performance of its functions;

(m) advise the bodies invited under paragraph (k) upon the adaptation of examinations necessary in Kenya and to assist any such bodies to conduct such examinations.

(n) enter into association with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate and in furtherance of the purposes for which the Council is established;

(o) offer services to any person, institution or foreign government upon such terms as the Council may from time to time determine; and

(p) undertake any activity necessary for the fulfillment of any of its functions

Power of KNEC to make legally binding rules (Section 48)

(1) The Council may make rules generally for the better carrying into effect the provisions of this Act.

(2) KNEC may make rules for the following—

 (a) conduct of examinations;

(b) the nature and extent of examinations irregularity and the penalty thereof;

(c) the determination and management of examinations;

(d) equation of certificates including prescribing what examinations may be equated by the Council;

(e) the terms and conditions of service, including pension and other retirement benefits of the staff of the Council;

(f) measures for the discipline of the staff of the Council;

(g) the financial procedures of the Council;

(h) examination fees and other charges payable to the Council as may be required;

(i) prescribe any other matter which requires to be prescribed under this Act.

No examination fees (Section 48(3))

No examination fees or other examination charges shall be levied from Kenyan citizens in respect of— (a) the Kenya Certificate of Primary Education Examination or its equivalent; and

the Kenya Certificate of Secondary Education Examination or its equivalent.

Claims Or Appeals Against KNEC

(1) The conduct and regulation of the business and affairs of the Council shall be as provided in the Schedule.

(2) Except as provided in the Schedule, the Council may regulate its own procedure. Section 12.

(3) Offences under KNEC Act shall be prosecuted in Magistrates Criminal court.

(4) All other claims against KNEC shall be in the relevant court.

KNEC can be reached at the following addresses:

Website: http://www.knec.ac.ke

Chief Executive Officer
P.O. Box: 73598 00200,
Nairobi, Kenya.

Head Office
National Housing Corporation (NHC) House,
Aga Khan Walk,
Tel:+254 020 3317412 / 3317413 / 3317419 / 3317427 / 3341027
3341050 / 3341071 / 3341098 / 3341113 / 2213381
Fax: +254-020- 2226032
 

Other Offices

Mitihani House, Dennis Pritt Road, Kilimani
Tel:+254 - 020-2713874 / 020-2713894 / 020-2713845 / 020-2711536
Mobile: 0703448667/0734333360

Industrial Area Offices,
Ministry of Public Works, Supplies Branch,
Likoni Road.
Tel:+254 -0206 650820 /0206 650821 / 020-6650822
Mobile: 0720741003/0732333530
 

Email: [email protected]

Facebook: Kenya National Examinations Council Twitter: [email protected]

OFFENCES AND PENALTIES ( section 26-40)

SECTION

OFFENCE

PENALTY

Section 26

Breaking Oath of Secrecy

An officer, agent or staff performing the work of the Council who, having undertaken an Oath of Secrecy does or omits to do any act in contravention of the oath of secrecy, commits an offence.

Imprisonment for a term not exceeding five years or a fine not exceeding one million shillings, or to both.

Section 27

Unauthorized possession of examination paper, material or information

A person who, before or during an examination, has in his or her possession or under his or her control any examination paper or any part thereof, or any material or information purporting to relate to the contents of any paper or material for that examination, commits an offence. The prosecution in this case must prove that the paper, material or information for the examination is real or false.

Imprisonment for a term not exceeding ten years, or a fine not exceeding two million shillings, or to both.

Section 27

A person who, negligently or willfully, assists or causes any examination candidate to obtain or gain unauthorized possession of any examination paper, material or information or any part thereof, commits an offence.

Imprisonment for a term not exceeding ten years, or a fine not exceeding two million shillings, or to both.

Section 28

Examination malpractices

  1. Giving a candidate an exam paper or material before or during and exam without lawful authority;
  2. Disclosing the contents of an examination paper or material to a candidate or another person without lawful authority;
  3. Making a change in the original answer script of a candidate without lawful authority;
  4. Fraudulently replacing the original answer script of a candidate;
  5. Fraudulently altering the results, work or marks of a candidate;
  6. Fraudulently altering the examination number, photograph or other identification of a candidate; or
  7. Fraudulently altering the records of the Council with regard to an examination or examination results in relation to a candidate.

Imprisonment for a term not exceeding five years, or a fine not exceeding one million shillings, or to both.

Section 29

Loss or misuse of examination paper or material

i) A person who, having in his or her possession or under his or her control any examination paper, material or any information relating thereto, negligently or willfully loses such examination paper, material or such information, commits and offence.

ii) A person who uses such examination paper, material or such information in a manner prejudicial to the proper and fair conduct of any examination commits an offence.

 

Imprisonment for a term not exceeding five years, or a fine not exceeding one million shillings, or to both.

Section 30

Damage or destruction to examination material or facilities

Willfully and maliciously damaging examinations material or facilities, or any evidence that could have led to a conviction under this Act

Imprisonment for a term not exceeding five years, or a fine not exceeding five million shillings, or to both.

Section 31

Impersonation

A person who, for the purpose of an examination—

  1. is not registered to take a particular examination but, with intent to impersonate, presents or attempts to present himself or herself to take the part of a candidate, commits an offence.
  2. registers for an examination using a false name or identity, commits an offence.
  3.  falsely uses a certificate, testimonial, signature, photograph or a document of some other person to represent that other person, commits an offence.

 

  1. Imprisonment for a term not exceeding two years, or
  2. A fine not exceeding two million shillings, or
  3.  Both 1 and 2  and
  4. Shall in addition to the above penalty, be prohibited from taking an examination for a period not exceeding three years immediately after the commission of the offence.

 

Section 31

A person who is registered to take a particular examination but knowingly allows another person to take that examination on his or her behalf commits an offence

Imprisonment for a term not exceeding two years or to a fine not exceeding two million shillings and may in addition to this penalty, be prohibited from taking an examination for a period not exceeding three years immediately after the commission of the offence.

Section 32

Copying at an examination

A candidate who, during an examination—

 

  1. copies from the script of another candidate;
  2. communicates with another candidate with intent to assist that candidate answer an examination question;
  3. communicates with another candidate with intent to seek the assistance of that candidate in answering an examination question;
  4. is in possession of a textbook, electronic device or material in the examination room without lawful authority;
  5. copies from notes, electronic device or a textbook without lawful authority; or
  6. receives external assistance without lawful authority.

 

Disqualified from taking the entire examination and if the person has already taken a paper at the examination, the paper shall be cancelled by the Council and may be prohibited from taking an examination for a period not exceeding three years immediately after the commission of the offence.

Section 33

Possession of offensive material and disturbances at examinations

A person who, at or near an examination venue or any other place appointed for an examination—

 

  1. has in his or her possession any offensive weapon or other material or uses any offensive weapon or other material on any other person, commits an offence; or
  2. acts or incites any other person to act in a disorderly manner, for the purpose of disrupting the conduct of an examination or of harming, intimidating, assaulting or obstructing a candidate or any person involved in the conduct of the examination, commits an offence.

 

 

Imprisonment for a term not exceeding three years, or a fine not exceeding five hundred thousand shillings, or to both

If a person is a candidate, the Council shall, in addition to the penalty above, cancel the entire results of the candidate and prohibit the candidate from taking an examination for a period of not exceeding three years immediately after the commission of the offence.

Section 34

Presentation of forged certificate

  1. Presenting a forged certificate or diploma, result slips or statement of results
  2. Presenting someone else’s certificate or diploma, result slips or statement of results purporting it to be hers or his, to a prospective employer or to an institution of learning with intent to gain employment or admission.

Imprisonment for a term not exceeding two years, or a fine not exceeding one million shillings, or to both.

Section 35

Counterfeiting of certificates and diplomas

Counterfeiting for commercial purposes, a certificate or diploma issued by the Council commits an offence.

 

Imprisonment for a term not exceeding ten years, or a fine not exceeding ten million shillings, or to both.

Section 36

Disclosure of interest in examination or examination paper

  1. Failure by person engaged in the conduct of examinations or performing work connected with examinations to disclose that he/ she is directly or indirectly interested in a private capacity in an examination or in any examination paper or information relating thereto or
  2. Failure by a person engaged in the conduct of examinations or performing work connected with examinations to disclose to the Council or its nominee before commencement of duties that his/ her spouse, a child or parent is a candidate in such examination. Unless the Council otherwise directs, such person shall cease to perform such duties.

 

  1. In the case of a staff of the Council, face the Council’s disciplinary process; or
  2. In the case of an independent contractor, cancellation of contract with the Council.

 

Section 37

Failure to provide information requested by KNEC

  1. Failure by any person at the request of the CEO or an officer on his behalf, to furnish the Council with information or documents necessary and relevant for the performance of the functions of the Council.
  2. Providing false information or documents to the Council upon their request above

a fine not exceeding thirty thousand shillings, or to imprisonment for a term not exceeding six months, or to both.

 

Section 39

Improper disclosure of information

 

An officer, agent or staff of the Council disclosing information acquired under the Act without the written consent of the Council/ outside the course of his duties.

A fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.

Section 40

Aiding and abetment of offence

 

Aiding, abetting, inducing, inciting or doing any act to facilitate a commission of an offence under this Act.

The penalty prescribed against a guilty person for the respective offence aided.

 

Offences under KNEC Act shall be prosecuted in Magistrates Criminal court.

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