Tough penalties for exam cheats

President Kibaki chairs a past cabinet meeting at State House, Nairobi. Cabinet has approved five other Bills on education aimed at putting the sector in line with the Constitution and Vision 2030. Photo/FILE

What you need to know:

  • New Bill proposes that those involved in malpractice be jailed for 10 years and fined Sh2m

Exam cheats could be jailed for 10 years and fined two million shillings if a new law is passed by Parliament.

These provisions are contained in the Kenya National Examinations Council Bill (2012) that was endorsed by the Cabinet on Thursday.

It says a person who, before, or during an examination conducted by the council, has in their possession or control any examination paper or information purporting to relate to the contents of any paper or material for that examination, without lawful excuse, commits an offence.

The person shall be liable, upon conviction, to imprisonment for a term not exceeding 10 years or a fine not exceeding Sh2 million, or to both, the Bill says.

The Bill proposes a five-year jail term for those who collude and facilitate examination leakage. They can also be fined one million shillings or both.

The proposed law says a person who, recklessly or wilfully, assists or causes any examination candidate to obtain or gain unauthorised possession of any examination paper, material or information or any part thereof can be jailed for 10 years or a fine not exceeding Sh2 million or both.

The Cabinet also approved five other Bills on education aimed at putting the sector in line with the Constitution and Vision 2030.

They include the Policy Framework for Education and Training Bill, the Establishment of the Kenya Institute of Curriculum Development Bill (2012), Technical and Vocational Education and Training Bill (2012).

The Universities Bill (2012) was also approved and ensures that all public and private universities are governed under one law. 

Universities will, however, maintain their individual identities and character through their respective charters.

The Kenya Science, Technology and Innovation Policy Bill (2012) will create legal structures to foster the growth of new innovations and improve the country’s competitiveness.

The Kenya Qualification Framework Bill (2012) puts into place standards and accreditation systems for various professionals. 

“The Bill provides the framework for accreditation. It will also help tap into the competencies of Kenyans in the Diaspora and harmonise qualifications for locally and internationally trained professionals in such areas as accounting, medicine and law,” the Cabinet brief added.