New tough rules to fight cheating in exams

By Martin Mutua

Exam cheats and their accomplices in the crime threatening the integrity of Kenya’s education certificates may soon risk a ten-year jail sentence, a Sh2 million fine, or both.

But this will only be possible if a new law seeking to curb cheating in examinations is passed when Parliament reconvenes tomorrow.

Minister for Foreign Affairs (Education Minister at the time) Sam Ongeri shows how one candidate cheated in examinations. [PHOTO: FILE/STANDARD]

According to the draft Kenya National Examination Council Bill (2012), "any person who before or during an examination conducted by the council has in his or her possession or under their control any examination paper or part of it would be committing a criminal offence".

The proposed Bill further states that any such person found with any material or information purporting to relate to the contents of any paper or material for that examination without lawful excuse would be committing an offence and could be jailed upon conviction to up to 10 years or a fine of up to Sh2 million or both.

To tighten the loose ends further, the draft law points that for purposes of proving the offence, it shall not be necessary for the prosecution to prove that the paper or material one is caught with are genuine or fake Knec documents.

Education Minister Mutula Kilonzo who is set to table the Bill in Parliament explains he wants the new law enacted before June. "Never again do we want fraudsters to mess with our examinations which have over the years shaped the careers and destiny of the majority of Kenyans," he assured the country.

Important law

Mutula said he hoped Members of Parliament would understand the urgency and the importance of the proposed law, which is aimed at dealing with those out to mess the education system and protect those honestly pursuing knowledge.

"Education is the backbone of any child’s life and the pride of any parent and, therefore, to fraudulently tamper with a child’s education is to tamper with their future, something we must never allow," he added.

The draft law also decrees that, "a person who recklessly or willfully assists or causes any examination candidate to obtain or gain unauthorised possession of any examination paper, material or information would also be committing an offence," that could seem them failed for ten years, fine Sh2 million, or both.

It would also be criminal for any person to leak an examination before or during the sitting and that anyone who discloses the contents of examination paper or material to candidate or another person could be jailed for up to five years or a fine of up to Sh1million or both.

It will also be a crime for a person to make a change in the original answer script of a candidate without lawful authority.

Also outlawed is, "fraudulently altering of results, work or marks of a candidate, examination number, photograph or other identification of a candidate or records of the council with regard to an exam or results of a candidate."

At the same time the draft law proposes that a person who recklessly or negligently looses any examination paper, material or information will find themselves behind bars for a period of up to five years or a fine of one million, or both.

Imprisonment

The draft further warns any person who willfully and maliciously damages examinations materials or facilities or any evidence that they would be held liable, could be jailed for up to five years with a fine of Sh1 million, or both.

People who impersonate other candidates will also be tackled through the upcoming laws as well as persons who register for an examination using false names or documents of other persons.

The draft law proposes that such persons upon conviction be jailed for up to two years or fine up to Sh1million or both. And in addition to this penalty the same persons shall be prohibited from taking an examination conduced by or on behalf of the council for a period of up to three years.

In the same way, a person who registered but allows another person to write the exams for them also be liable to imprisonment for the same period of up to two years or a fine of Sh1million or both.

They will also be barred from doing a Knec exam for up to three years.

People found getting assistance in the exams from someone else would also be treated as criminals according to the Bill.

Disqualified

Also any candidate, "who will be found in possession of a textbook, electronic device or material in the exam room without lawful authority, copies from notes, electronic device or a textbook or receives external assistance shall be disqualified from taking the entire examination."

And in the event that such a person has already taken a paper at the examination, the paper shall be cancelled by the council and may be prohibited from taking another examination for up to three years.

On the other hand a person who presents a forged certificate or diploma, result slips or statement of results also risks being jailed for up to two years or a fine of Sh1million, or both.

The proposed law further warns people who engage in counterfeiting for commercial purposes acertificate or diploma purportedly issued by the council that they risk being jailed for a period of up to 10 years if caught or fined up to Sh10 million or both.