The Kenya National Examination Council (KNEC) is now advocating for significant changes in the country’s assessment system, as outlined in the proposed Kenya National Educational Assessments Council Bill 2025, as the country transitions from the 8-4-4 education system to the new Competency-Based Education (CBE).
If the draft law passes, the Kenya National Educational Assessments Council (KNEAC) is set to replace KNEC in the new changes, which will manage assessments, both formative (school-based) and summative (which occur at the end of a learning cycle), across all levels of education.
The Bill grants the council the authority to register e-assessment centres, develop digital exam frameworks, and outline the minimum requirements for the registration of e-assessment centres, registration of candidates for e-assessment, and offences related to e-assessment.
Furthermore, the Bill obliges the council to specify the requirements for registering a learning institution as an e-assessment centre, including the necessary hardware and software for undertaking e-assessment, a reliable and stable internet connection, a reliable power supply, and the necessary ICT personnel to support the administration of e-assessment.
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Marking of national assessments will shift to digital platforms, with approved centres using a conveyor belt system and artificial intelligence assisting in scoring, particularly for multiple-choice and structured questions. This will speed up the process, enhance accuracy, and also reduce costs.
If enacted into law, heads of institutions who administer assessments to learners in a centre that the Council does not register will be liable to imprisonment for a term not exceeding five years, a fine not exceeding Ksh5 million, or both.
The Bill states that assessments will only be administered at an assessment centre approved and registered by the council. Institutions of learning intending to be registered as assessment centres are required to make an application to the council in a prescribed format.
An assessment centre may be deregistered or suspended if it fails to meet the set standards by the council or if it compromises the security and integrity of assessments.
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At the same time, heads of institutions who also fail to register candidates for any assessment within the prescribed time will be fined a sum not exceeding Ksh 200,000 or imprisoned for a period not exceeding one year, or both.
Heavy Fines
To ensure integrity, the Bill proposes heavy penalties for exam malpractices. Possessing or leaking exam materials could result in a 10-year jail term or a fine of Ksh 2 million. Sharing exam content on social media can result in penalties of up to Ksh 5 million, while impersonating a candidate may lead to a three-year exam ban.
“A person who is registered to take a particular assessment but knowingly allows another person to take that assessment on his or her behalf commits an offence and is liable on conviction to 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 assessment for a period not exceeding three years immediately after the commission of the offence,” reads the draft Bill.
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Those who assault any assessment agent who is a center manager, supervisor, invigilator, or monitoring officer authorized by the Council to perform a function at or connected with the assessment will be liable upon conviction to a fine not exceeding Ksh200,000 or a jail term not exceeding one year, or both, and in the case of a candidate, the entire results shall be cancelled, and they will be prohibited from taking an assessment for a period not exceeding three years immediately after the commission of the offence.
The new Bill also proposes the formation of a technical committee of the council comprising the education principal secretary, the officer in charge of quality assurance and standards in the Ministry of Education, the Director of the Kenya Institute of Curriculum Development (KICD), the Secretary and Chief of Executive Officer (CEO) of the Teachers Service Commission (TSC), and a council member representing the post teacher training institutions.
If the Bill is enacted into law, it will repeal the KNEC Act in its entirety, thereby ushering in a new council, KNEAC, which will replace the current council, KNEC.
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The council, which a chairperson appointed by the president will lead, will include several key stakeholders in the education sector, notably representatives from the Ministry of Education, the National Treasury, and the Commission for University Education, among others. It will work closely with various educational institutions and private sector entities involved in education management to streamline the national assessment system.
In the past, there have been reports of exam malpractices committed by students, teachers, or both, which is a serious crime punishable by law. Several students have been victims of this act, which has seen their results cancelled.
By Hezron Roy
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