Parliament is set to pass a bill that will deny the Kenya National Examinations Council powers to nullify, cancel or withhold results.
The Kenya National Examinations Amendment Bill 2015 seeks to establish a Tribunal to review KNEC’s decisions in regards to the national examinations.
The published bill which is due for second reading in the senate, calls for a formation of a Tribunal that will act without undue regard to technicalities and shall not be strictly bound by the rules of evidence.
The Kenyan National Examinations Appeals Tribunal will give a window of opportunity to candidates not satisfied with KNEC’s administration of exams to challenge any decision made by the council to cancel, nullify or withhold their results.
In the current arrangements, KNEC has unchecked powers to cancel, withhold or nullify a candidate’s examination results for irregularities without any explanation, leaving victims of such with no option but to re-sit for the same the exams a year later.
This will change if Kisii senator Chris Obure’s Bill goes through. It will provide for a room to review KNEC’s decision making process in regards to exam administration by the Tribunal, which will have powers to consider all appeals made against a decision of the council.
According to the Bill, Candidates aggrieved by decisions by Knec will be required to lodge an appeal in writing with the Tribunal within the a period of 14 days from the date of the release of examinations results and force the council to produce results slips for evaluation.
The Tribunal will then summon witnesses, take evidence on oath or affirmation and order the production of documents.
After following all the due process proposed in the bill and after full hearing, the tribunal may confirm, set aside or vary a decision of KNEC or make any appropriate order.
“Where the person aggrieved by the decision is a minor, the application shall be made by the parent or guardian of the minor,” the Bill proposes.
In the recent released Kenya Certificate of Primary Education results out of 927,709 candidates who sat for the exams, 2,709 will not proceed to from one after their results were nullified for exam irregularities.