The Kenya National Educational Assessments Council (KNEAC) Bill, 2026, has proposed a ban on strikes by personnel involved in the management, organization, and administration of national exams.
Under the proposed law, assessment officials would not be allowed to strike during designated assessment periods if the Council determines the action could interfere with the conduct of the assessments.
The restriction would apply where industrial action could compromise the integrity of an assessment, security information, the rights and freedoms of other people involved in the assessment or good order during the assessment.
“A person engaged in the management, organization or administration of any national assessment shall not go on strike during an assessment period if going on strike would, in the opinion of the Council, compromise the integrity of the assessment,” reads part of the bill.
However, the proposed measure would not amount to a permanent ban on strikes. Instead, it would apply only during an assessment period and to personnel directly involved in managing, organizing, or administering national assessments.
KNEAC Bill to Limit Strikes by Exam Officials During National Assessments
The KNEAC Council would determine whether a planned strike threatens the security, integrity, or orderly conduct of an assessment.
According to the Bill, the restriction aims to protect the administration and security of national assessments. It argues that strikes by personnel responsible for critical assessment functions could interfere with candidates’ rights and undermine confidence in national qualifications.
The proposed changes would therefore seek to prevent industrial action from disrupting national assessments while preserving workers’ broader right to strike outside the specified circumstances.
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Regulation on Marking Assessments
The Bill also proposes expanding the use of digital technology in the administration and marking of national assessments.
Under the proposed framework, the Council will be authorized to conduct assessments through approved online, digital and computer-based platforms.
The system would also allow the use of e-marking, electronic capture of marks, automated marking and optical mark recognition alongside traditional paper-based assessments.
Marking would no longer be limited to physical marking camps. Approved marking could take place at Council facilities, designated marking centres or through authorized e-marking platforms.
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The proposed law would also introduce stricter requirements for institutions seeking to operate as national assessment centres.
Schools and other institutions would need to meet registration requirements, including being registered with the Ministry of Education, having the required number of candidates, secure infrastructure and suitable facilities.
The Council would also have powers to temporarily host or merge assessment centres where safety, security or other emergencies, including severe weather, could affect the administration of assessments.
To strengthen the security of assessment materials, the Council would work with security agencies to establish distribution centres for the secure storage and distribution of sensitive examination materials.
Further, KNEAC Bill also introduces measures aimed at ensuring learners with disabilities and those facing difficult circumstances can participate in national assessments on an equal basis.
The Council would be required to provide reasonable accommodation during candidate registration and assessment administration for learners with disabilities or other special needs.
Assessment instructions could also be modified to suit the nature of a learner’s disability while maintaining comparable standards, allowing candidates to demonstrate their abilities without unfair disadvantage.
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