Students and other individuals involved in examination malpractices could face tough penalties, including hefty fines and jail terms of up to 10 years, under the proposed Kenya National Educational Assessments Council Bill (KNEAC), 2026.
The proposed law seeks to criminalize a range of examination offences, including leaking assessment papers, impersonation, certificate forgery, use of mobile phones in examination rooms, and alteration of results.
Assessment malpractice would include copying from another candidate, communicating with a fellow candidate to seek or provide assistance, possessing unauthorized materials or devices such as mobile phones, receiving external assistance, or engaging an impersonator.
For e-assessments, the Bill also identifies disclosing digital assessment content, plagiarism, evading proctoring software, and accessing an assessment platform outside designated areas as malpractice.
“A candidate shall be deemed to have committed an assessment malpractice during an assessment where he or she copies from the script of another candidate, communicates with another candidate with the intent to assist that candidate in answering an assessment question, or communicates with another candidate with the intent of seeking assistance in answering an assessment question,” reads part of the Bill.
KNEAC Bill Proposes Tough Punishment for Exam Offenses
Anyone who unlawfully possesses or controls an examination paper, material, or content before or during an assessment, or assists a candidate to obtain it, could face a fine of up to KSh2 million, imprisonment for up to 10 years, or both.
The KNEAC Bill further proposes a fine of up to KSh5 million, imprisonment for up to five years, or both for anyone who transfers, publishes, or publicizes examination papers or materials through mass communication before or during an assessment.
A candidate or student found guilty of collusion to copy an exam could be disqualified from the assessment, have previously taken papers cancelled, and be barred from sitting Council assessments for up to three years.
The Bill also proposes criminal penalties for altering examination records and answer scripts. Offenses including unauthorized release of assessment materials, changing original answer scripts, inserting scripts for candidates who did not sit an assessment, possessing unauthorized devices in examination areas and altering marks or records could attract a fine of up to KSh1 million, imprisonment for up to five years, or both.
Anyone who willfully destroys examination materials, facilities or evidence could face a fine of up to KSh5 million, imprisonment for up to five years, or both.
Also Read: HELB Successor to Allow Parents and Individuals to Save for TVET and University Education
Impersonation and Certificate Forgery
Impersonating a registered candidate, registering under a false name, using another person’s certificate or allowing another person to sit an assessment on their behalf could attract a fine of up to KSh2 million, imprisonment for up to two years, or both.
The offender could also be barred from sitting Council assessments for three years.
Presenting forged certificates, diplomas or result slips, or using another person’s documents to secure employment or academic admission, could attract a fine of up to KSh1 million, imprisonment for up to two years, or both.
The KNEAC Bill proposes one of its stiffest penalties for certificate counterfeiting. Anyone who counterfeits an assessment report, certificate or diploma issued by the Council could face a fine of up to KSh10 million, imprisonment for up to 10 years, or both.
Also Read: New Education Bill Proposes Changes to University Placement System and Funding
Here is a Summary:
| Offence | Proposed Penalty |
|---|---|
| Unauthorized possession or control of examination papers or materials | Fine of up to KSh2 million, imprisonment for up to 10 years, or both |
| Assisting a candidate to obtain examination materials unlawfully | Fine of up to KSh2 million, imprisonment for up to 10 years, or both |
| Publishing or distributing examination papers before or during an assessment | Fine of up to KSh5 million, imprisonment for up to 5 years, or both |
| Altering answer scripts, marks or examination records | Fine of up to KSh1 million, imprisonment for up to 5 years, or both |
| Losing or misusing examination papers or materials | Fine of up to KSh1 million, imprisonment for up to 5 years, or both |
| Destroying examination materials, facilities or evidence | Fine of up to KSh5 million, imprisonment for up to 5 years, or both |
| Impersonating a candidate or allowing another person to sit an assessment | Fine of up to KSh2 million, imprisonment for up to 2 years, or both, plus a possible 3-year assessment ban |
| Possessing or using offensive weapons or materials at assessment centres | Fine of up to KSh500,000, imprisonment for up to 3 years, or both |
| Disrupting assessments or inciting intimidation of candidates or officers | Fine of up to KSh500,000, imprisonment for up to 2 years, or both |
| Threatening or assaulting examination officials | Fine of up to KSh3 million, imprisonment for up to 5 years, or both |
| Presenting forged certificates, diplomas or result slips | Fine of up to KSh1 million, imprisonment for up to 2 years, or both |
| Counterfeiting assessment certificates, reports or diplomas | Fine of up to KSh10 million, imprisonment for up to 10 years, or both |
| Refusing to provide requested information or giving false information | Fine of up to KSh30,000, imprisonment for up to 6 months, or both |
| Improper disclosure of confidential Council information | Fine of up to KSh500,000, imprisonment for up to 2 years, or both |
| Aiding, inciting or facilitating an offence | Penalty prescribed for the main offence |
| Assessment officers causing examination irregularities | Fine of up to KSh5 million, imprisonment for up to 5 years, or both |
| Registering non-existent candidates | Fine of up to KSh500,000, imprisonment for up to 1 year, or both |
| Failing to register qualified candidates on time | Fine of up to KSh500,000, imprisonment for up to 1 year, or both |
| Failing to register eligible basic education candidates on time | Fine of up to KSh200,000, imprisonment for up to 1 year, or both |
| Unlawfully withholding a candidate’s certificate or diploma | Fine of up to KSh200,000, imprisonment for up to 1 year, or both |
| Violating the Council’s oath of secrecy | Fine of up to KSh1 million, imprisonment for up to 5 years, or both |
| Fraudulent use of the Council’s name, logo or trademark | Fine of up to KSh1 million, imprisonment for up to 2 years, or both |
| Mounting or enrolling students in an unapproved academic programme | Fine of up to KSh2 million, imprisonment for up to 2 years, or both |
Follow our WhatsApp Channel and X Account for real-time news updates.
