Related documents
- Is amended by 24th Annual Supplement
- Is amended by Data Protection Act

LAWS OF KENYA
KENYA NATIONAL EXAMINATIONS COUNCIL ACT
CAP. 214A
- Published in Kenya Gazette Vol. CXIV—No. 104 on 26 October 2012
- Assented to on 12 October 2012
- Commenced on 19 October 2012
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2014 (Act No. 18 of 2014) on 28 November 2014]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2014 (Act No. 18 of 2014) on 8 December 2014]
- [Amended by Kenya National Examination Council (Amendment) Act, 2015 (Act No. 31 of 2015) on 2 January 2016]
- [Amended by Kenya National Examination Council (Amendment) Act, 2016 (Act No. 30 of 2016) on 21 September 2016]
- [Amended by Kenya National Examination Council (Amendment) Act, 2016 (Act No. 27 of 2017) on 16 August 2017]
- [Amended by Data Protection Act (Cap. 411C) on 25 November 2019]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Kenya National Examinations Council Act.2. Interpretation
In this Act, unless the context otherwise requires—"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to education;"candidate" means a person registered to take an examination conducted by or on behalf of the Council;"certificate" means a document issued by the Council and designated as such showing results obtained by a particular candidate in an examination;"Chief Executive Officer" means the chief executive officer of the Council appointed under section 14;"Council" means the Kenya National Examinations Council established under section 3;"diploma" means a document issued by the Council and designated as such showing results obtained by a particular candidate in an examination;"effective date" means the date on which this Act comes into force;"electronic device" includes a programmable calculator, mobile phone and other device as may be prescribed;"examination" means an examination conducted under this Act by or on behalf of the Council;"examinations material", whether in print or electronic form, means—Part II – ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL
3. Establishment of the Council
4. Composition of the Council
The Council shall consist of—5. Appointment and qualifications of Chairperson
6. Qualifications of members
To be appointed as a member of the Council, other than an ex officio member, a person shall—7. Term of Office of Chairperson and members
The Chairperson and the appointed members of the Council shall serve for a term of four years, and shall be eligible for re-appointment for one further term.8. Council may co-opt members
9. Vacation of office
10. Functions of the Council
10A. Ranking of institutions of basic education
11. Powers of the Council
The Council shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, it shall have power to—12. Conduct of business and affairs of the Council
13. Committees of the Council and delegation
14. Chief Executive Officer
15. Qualifications of Chief Executive Officer
A person shall not be appointed the Chief Executive Officer unless that person has—16. Removal of Chief Executive Officer
17. Staff of the Council
The Council may appoint such officers, agents and other staff as are necessary for the proper and efficient discharge of its functions under this Act, and upon such terms and conditions of service as the Council may determine.18. The common seal of the Council
19. Protection from personal liability
No member, officer, agent or staff of the Council shall be personally liable for any act or omission done or omitted in good faith in carrying out any of the functions of the Council under this Act.20. Liability for damages
The provisions of section 19 shall not relieve the Council of the liability to pay compensation or damages to any person for any injury caused by the exercise of any power conferred by this Act.Part III – FINANCIAL PROVISIONS
21. Funds of the Council
22. Financial year
The financial year of the Council shall be the period of twelve months commencing on the first day of July and ending on the thirtieth day of June in each year.23. Annual estimates
24. Accounts and audit
25. Investment of funds
Part IV – OATH OF SECRECY, OFFENCES AND PENALTIES
26. Oath of secrecy
27. Unauthorised possession of examination paper, material or information
28. Examination malpractices
Without limiting the generality of section 27, a person who—29. Loss or misuse of examination paper or material
A person who, having in his or her possession or under his or her control any examination paper, material or any information relating thereto, negligently or wilfully loses such examination paper, material or such information, or uses such examination paper, material or such information in a manner prejudicial to the proper and fair conduct of any examination, commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding five years, or a fine not exceeding one million shillings, or to both.30. Damage or destruction to examination material or facilities
A person, who wilfully and maliciously damages examination material or facilities, or any evidence that could have led to a conviction under this Act, commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding five years, or a fine not exceeding five million shillings, or to both.31. Impersonation
32. Copying at an examination
A candidate who, during an examination—33. Possession of offensive material and disturbances at examinations
34. Presentation of forged certificate, etc
A person who presents—35. Counterfeiting of certificates and diplomas
A person who counterfeits, for commercial purposes, a certificate or diploma issued by the Council commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding ten years, or a fine not exceeding ten million shillings, or to both.36. Disclosure of interest in examination or examination paper
37. Request for information
38. Council to keep information confidential
The Council shall keep information acquired under section 37 for its purposes confidential, and shall disclose such information only to the extent it considers necessary for the proper performance of its functions.39. Improper disclosure of information
40. Aiding and abetment of offence
A person who aids, abets, induces, incites or does an act in a manner that facilitates the commission of an offence under this Act, commits an offence and is liable, upon conviction, to the penalty prescribed under the respective section in relation to that offence.40A. Offences by examination officers
A member, officer, agent or staff of the Council whose omission or commission leads to an examination irregularity commits an offence and is liable upon conviction, to imprisonment for a term not exceeding five years or a fine not exceeding five million shillings, or both.[Act No. 27 of 2017, s. 3.]Part IVA – THE NATIONAL EXAMINATIONS APPEALS TRIBUNAL
[Act No. 27 of 2017, s. 4.]40B. National Examinations Appeals Tribunal
40C. Tenure
40D. Remuneration
The members of the Tribunal shall be paid such allowances as the Cabinet Secretary may, in consultation with the Salaries and Remuneration Commission, determine.[Act No. 27 of 2017, s. 4.]40E. Vacancy in office of member
The office of a member of the Tribunal shall become vacant if the member—40F. Sittings of the Tribunal
The Tribunal shall be ad hoc and shall sit at such times and in such places as the Tribunal may appoint.[Act No. 27 of 2017, s. 4.]40G. Quorum
40H. Jurisdiction to hear appeals
The Tribunal shall consider all appeals made against a decision of the Council to withhold, nullify or cancel examinations prepared and administered by the Council.[Act No. 27 of 2017, s. 4.]40I. Secretariat of the Tribunal
40J. Appeals from decisions of the Council
40K. Procedure of the Tribunal
40L. Powers of the Tribunal
The Tribunal shall have the power to summon witnesses, take evidence on oath or affirmation and order the production of documents.[Act No. 27 of 2017, s. 4.]40M. Decision of the tribunal on appeal
40N. Enforcement of orders for costs
40O. Appeals to the High Court
A party to an application to the Tribunal who is dissatisfied with the decision of the Tribunal may appeal to the High Court on any of the following grounds—40P. Rules and procedures of the Tribunal
Part V – LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS
41. Limitation on right to go on strike
42. Limitation on right to access information
Part VI – MISCELLANEOUS PROVISIONS
43. Council may require assistance from State organ or public entity
44. Council may require assistance from Teachers Service Commission
45. Nullification of examination and investigations
46. Imposition of penalty on institutions for examinations irregularity
Where more than two-thirds of the candidates at an institution which is registered to offer examinations are found to have acted contrary to the provisions of this Act, either before, during or after the examination, the Council shall prohibit such institution from organizing, supervising or acting as an agent of the Council in the conduct of an examination for a period determined by the Council.47. Annual report
48. Rules
49. [Spent]
Part VII – TRANSITIONAL PROVISIONS
50. Former Council to continue for two months
51. Assets and liabilities of former Council
52. Reference to former Council
Any reference in any written law or in any document or instrument to the former Council shall, on and after the effective date, be construed to be a reference to the Council.53. Proceedings of former Council
Any proceedings pending immediately before the effective date to which the former Council was a party shall be continued as if the Council was a party thereto in lieu of the former Council.54. Annual estimates of former Council
55. Agreements, deeds, etc., of former Council
Every agreement, deed, bond or other instrument to which the former Council was a party or which affected the former Council and whether or not of such a nature that the rights, liabilities and obligations thereunder could be assigned, shall have effect as if the Council were a party thereto or affected thereby instead of the former Council, and as if for every reference therein to the former Council they shall be substituted in respect of anything to be done on or after the effective date.56. Administrative decisions of former Council
The administrative decisions made by the former Council or by the Minister, as the case may be, which are in force immediately before the effective date shall, on or after such date, have force as if they were directions made by the Council or the Cabinet Secretary under this Act.57. Staff eligible for re-appointment
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
25 November 2019
Amended by
Data Protection Act
Read this version
16 August 2017
21 September 2016
02 January 2016
08 December 2014
28 November 2014
26 October 2012
19 October 2012
Commenced
12 October 2012
Assented to
Cited documents 2
Act 2
1. | Technical and Vocational Education and Training Act | 46 citations |
2. | Public Health Officers (Training, Registration and Licencing) Act | 16 citations |
Documents citing this one 35
Gazette 14
Judgment 12
Legal Notice 4
Bench Bulletin 3
1. | Bench Bulletin - Issue 29 | |
2. | Bench Bulletin - Issue 30 | |
3. | Bench Bulletin - Issue 43 |
Bill 2
1. | The Election Laws (Amendment) Bill, 2018 | |
2. | The Statute Law (Miscellaneous Amendments) Bill, 2013 |
Subsidiary legislation
Title
|
|
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The Kenya National Examinations Council (Conduct of Examination) Rules | Legal Notice 135 of 2015 |
The Kenya National Examinations Council (Confirmation of Examination Results and Issuance of Replacement Certificates) Rules | Legal Notice 134 of 2015 |
The Kenya National Examinations Council (Management of Examination) Rules | Legal Notice 133 of 2015 |
The Kenya National Examinations Council (Handling of Examination Irregularities) Rules | Legal Notice 132 of 2015 |
The Kenya National Examinations Council (Marking of Examinations, Release of Results and Certification) Rules | Legal Notice 131 of 2015 |
The Kenya National Examinations Council (Equation of Certificates) Rules | Legal Notice 130 of 2015 |
The Kenya National Examinations Council (Examination Fees and other Charges) Rules | Legal Notice 129 of 2015 |
The Kenya National Examinations Council (Kenya Certificate of Secondary Education) Rules | Legal Notice 176 of 2009 |