The Kenya National Examinations Council (Marking of Examinations, Release of Results and Certification) Rules

Legal Notice 131 of 2015

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Legal Notice 131 of 2015
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Kenya National Examinations Council Act
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LAWS OF KENYA

KENYA NATIONAL EXAMINATIONS COUNCIL ACT

THE KENYA NATIONAL EXAMINATIONS COUNCIL (MARKING OF EXAMINATIONS, RELEASE OF RESULTS AND CERTIFICATION) RULES

LEGAL NOTICE 131 OF 2015

  • Published in Kenya Gazette Vol. CXVII—No. 75 on 17 July 2015
  • Commenced on 17 July 2015
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Kenya National Examinations Council (Marking of Examinations, Release of Results and Certification) Rules.

2. Interpretation

In these Rules unless the context otherwise requires—"centre organizer" means a principal or head teacher appointed by the Council to be in charge of the administration of the marking exercise in an institution where a Council examination is being marked;"chief examiner" means an examiner contracted by the Council to be the overall in charge of the marking exercise of a particular examination paper or papers and is to ensure that marking of candidate scripts is carried out in accordance with these Regulations;"deputy chief examiner" means a Kenya Certificate of Primary Education examiner responsible to the Chief Examiner and coordinates Assistant Chief Examiners in the entire process of marking of Kenya Certificate of Primary Education Examinations at a particular marking centre"assistant chief examiner" means an examiner responsible to the Deputy Chief Examiner and coordinates Team Leaders in the marking of Kenya Certificate of Primary Education examination;"co-ordination of marking" means the process of coaching examiners of a particular Council examination paper to ensure that they are able to mark the paper in a uniform way and in accordance with these Regulations;"examiner" means a qualified teacher or specialist who has been trained and commissioned by the Council to assess or mark a candidate's script in a particular course or examination paper;"dummy" means a model candidate script used to coordinate the marking exercise;"examination marking regulations" means a set of regulations used to govern the process of marking Council examinations;"head of institution" means the head of a school or an academic institution and includes director or manager administrator of an institution;"marking centre" means a venue approved by the Council to host the marking of a Council examination;"mark-sheet" means a form used to record the marks of a candidate for a particular examination paper;"result slip" means a document issued by the Council showing provisional examination results attained by a candidate in an examination;"team leader" means an examiner in charge of a team of several examiners marking a particular Council examination paper or papers;"query" means an enquiry or complaint by a candidate, parent, invigilator, supervisor, examiner or any other stakeholder on Council's activities.

Part II – MARKING OF EXAMINATIONS

3. Marking of examinations

(1)The marking of any Council examination shall be carried out in an institution which has been approved by the Council as a marking centre.
(2)The Council shall set out a criterion for approval of marking centres.
(3)The Council may use its registered offices as a marking centre.
(4)The Council shall appoint examiners to mark Council examinations.

4. Registration and approval of a marking centre

(1)The Council may register an institution or any venue that qualifies as a marking centre.
(2)A venue or institution other than the offices of the Council shall qualify for registration as a marking center if the venue—
(a)has been considered a Marking Centre through an application to the administration;
(b)has adequate accommodation, provides hot water and clean sanitary facilities that provide privacy;
(c)has clean dining facilities with sufficient cutlery and adequate sitting capacity for a minimum of five hundred persons;
(d)has adequate working rooms that are well lit (with natural light and electricity), ventilated with burglar proof windows and doors;
(e)has a secured computer laboratory with not less than twenty modern model functional computers protected with up-to date anti-virus software, power back up as well as Uninterrupted Power Supply (UPS) and interne connectivity, a laboratory with two functional printers of specifications determined by the Council from time to time;
(f)can secure twenty four hour armed security personnel;
(g)has recreational facilities;
(h)has a sanatorium with a qualified nurse and a hospital located nearby;
(i)can be easily accessible by public transport and communication facilities;
(j)can be connected to the national grid and have a stand by three phase generator; and
(k)has the centre organizer or the assistant centre organizer available within the marking centre throughout the marking period.
(3)The Council may review the criteria in paragraph (2) from time to time.
(4)The Council may deregister and or suspend an approved marking centre which fails to maintain the conditions set out in paragraph (2).

5. Foreign Certificates

Where the Council has approved an institution or venue as a marking centre, the centre organizer shall be expected to—
(a)ensure that the marking centre has adequate accommodation, catering, medical, recreational and ICT facilities;
(b)ensure adequate security to safeguard examination materials, personnel and equipment;
(c)provide a secure strong room for the storage of examination materials required for the marking exercise;
(d)monitor the marking exercise to ensure progress under the marking programme;
(e)appoint assistant centre organizers, temporary employees and assign such officials duties in the management of the marking exercise as specified by the Council; and
(f)perform other duties that may be assigned by the Council from time to time

6. Monitoring of the marking progress

A centre organizer shall liaise with the Council on the marking progress in every paper marked at the centre.

7. Categories of Examiners

(1)The Council shall have atleast three categories of examiners—
(a)chief examiner or examiner-in-charge;
(b)senior examiner (including assistant chief examiner, deputy chief examiner, and team leader; and
(c)examiner.
(2)The role of each category of examiners shall be as stipulated under rules 8-10.

8. Role of Chief Examiner or Examiner-In-Charge and Deputy Chief Examiner

(1)A chief examiner or examiner-in-charge shall—
(a)report to the Council on all aspects of marking;
(b)take the overall leadership of the examination marking exercise for that paper or papers the chief examiner is in charge of;
(c)give the Council a cumulative record of the number of scripts marked every day by every examiner;
(d)give the Council information on the expected completion date of marking of every paper;
(e)ensure that administrative arrangements at the marking centre are made in accordance to the Council's guidelines and marking regulations;
(f)select scripts for coordination of marking in accordance with the Council's guidelines on selection of scripts;
(g)co-ordinate with senior examiners and other examiners before and during the actual marking to ensure that one marking standard is maintained throughout the marking exercise;
(h)ensure that the Council examination marking regulations are read, understood and adhered to by every examiner;
(i)ensure that examiners observe marking discipline, are actively engaged in the work allocated to them and are not indulging in any activity that may slow, disrupt or compromise the integrity of the marking exercise;
(j)prepare confidential reports on senior examiners;
(k)verify all payment claim forms completed by senior examiners;
(l)keep an accurate daily attendance register of all examiners marking the paper the chief examiner is in charge of;
(m)read through confidential reports of every examiner and make recommendations for promotions or reprimanding of examiners; and
(n)attend meetings to discuss marking programmes upon invitation by the Council.
(2)The Council may disqualify a chief examiner who fails to attend meetings to discuss marking programmes upon invitation by the Council.

9. Assistant Chief Examiners

(1)An assistant chief examiner shall be appointed by the Council and shall report to and be assigned duties by the chief examiner or deputy chief examiner.
(2)The assistant chief examiner shall—
(a)coordinate team leaders and the examiners in the marking of Kenya Certificate of Primary Education examinations;
(b)ensure that the marking regulations are complied with by the examiners under the team leader;
(c)prepare a confidential report to the chief examiner or examiner on the work of team leaders;
(d)verify the number of scripts marked by every team leader in their team;
(e)ensure that the set standard on the marking exercise are maintained; and
(f)advice the chief examiner or deputy chief examiner on standard as evidenced by the quality of the work of the relevant candidates in the report submitted by other examiners.

10. Duties of a team leader

A team leader shall report to the assistant chief examiner and shall have the following duties—
(a)participate in the coordination meeting with the relevant chief examiner;
(b)coordinate examiners in the team under the team leader prior to the marking of live scripts;
(c)prepare a confidential report on the work of examiners in the team;
(d)advise the assistant chief examiner on the standards as evidenced by the quality of the work of the relevant candidates in the reports submitted by other examiners;
(e)assist in any other marking operation assigned by the chief examiner or assistant chief examiner; and
(f)monitor the security of the marking exercise.

11. Role of an examiner

(1)An examiner shall work under the supervision of a senior examiner and shall perform the following duties—
(a)attend and participate in the pre-marking coordination meetings;
(b)mark live scripts according to the marking regulations and marking scheme;
(c)complete claim forms for scripts marked and submit the forms and scripts to the team leader before leaving the marking centre; and
(d)prepare preliminary reports on the work of the relevant candidates to be submitted to the team leader for study and necessary advice given to the chief examiner for incorporation into the main confidential report on the work of candidates.
(2)An examiner shall not take a candidate script out of the marking room for any reason whatsoever

12. Marking procedure

(1)The Council shall determine and document the procedures and regulations to be followed during marking of all Council examinations
(2)The Council may review the marking procedures and regulations from time to time.

Part III – TRAINING AND RECRUITMENT OF EXAMINERS

13. Training and recruitment

(1)The Council shall establish mechanisms to ensure that examiners are trained.
(2)The Council may enter into a Memorandum of Understanding with any recognized educational institution to train examiners.

14. Training of examiners

(1)The Council shall—
(a)develop a curriculum for the training of examiners;
(b)ensure that all examiners are trained using the curriculum developed under paragraph(a);
(c)develop a criteria for assessment of examiner trainees; and
(d)award certificates to all successful trainees after training.
(2)The Council may under special circumstances conduct on the job training of examiners for particular papers or courses.
(3)The Council may review the curriculum for training of examiners from time to time.
(4)The Council may advertise through the media or other means on training of examiners.

15. Short-listing of examiners

(1)The Council shall be guided by the following criteria when short-listing examiner trainees—
(a)be a practicing teacher and trainer in the relevant subject areas;
(b)have a minimum teaching experience of at least three years after graduation;
(c)be a person of integrity as specified in chapter six of the Constitution of Kenya; and
(d)has attained academic or professional qualifications specified by the Council.
(2)The qualifications under paragraph (1)(d) shall be—
(a)at least P 1 for examiners in the Kenya Certificate of Primary Education and a minimum grade of a C at the Kenya Certificate of Secondary Education examination level or equivalent in the subject or paper applied for;
(b)at least a diploma for Kenya Certificate Secondary Education, post school and teacher education; and
(c)be recommended for training by the relevant head of institution.
(3)On completion of training, the successful trainee shall be included in the Council's data base for trained examiners.

16. Criteria for appointment of examiners

(1)The Council shall develop standards or criteria for appointment of Examiners.
(2)An examiner who does not meet these set standards or criteria for marking shall be informed in writing.
(3)An examiner shall—
(a)be successfully trained as an examiner and be in the Council's database;
(b)be willing to mark under the Council's marking procedures, regulations and terms and conditions of service;
(c)be willing and able to keep the marking programme and set marking targets;
(d)sign and keep the oath of secrecy;
(e)keep their identity and any information acquired during the marking process confidential;
(f)refrain from indulging in behaviour likely to disrupt the smooth running of the marking exercise; and
(g)declare any interest before the start of marking.
(4)An appointment to mark answer scripts shall be made by the Council and such appointment shall cover only one series.
(5)Once appointed for a particular series, an examiner shall not be required to reapply for subsequent series but shall inform the Council of any changes in particulars.
(6)The Council shall sign a marking contract stipulating terms and conditions of engagement with each examiner.
(7)The Council shall reserve the right to terminate the services of an examiner for breach of these rules and any regulations made by the Council relating to the marking of examinations.
(8)An examiner who does not participate in a marking exercise for two consecutive sessions shall be removed from the Council's examiners data base without reference to the examiner
(9)An examiner shall account for Council and marking centre property issued to the examiner before leaving the marking centre.

17. Co-ordination of Examiners

The chief examiner will coordinate the question paper and marking scheme to ensure the accuracy of examination.

18. Marking of examinations

(1)The Council shall develop regulations for marking all examinations.
(2)Examiners shall use the set criteria to mark all examinations.
(3)After marking a candidate's script, the examiner shall tally all marks attained by the candidate in the examination paper being marked.
(4)A candidate's script and marks shall not be taken out of a marking center by an examiner or an official at the marking centre.
(5)An examiner, a center organizer or an official at the marking center shall not photocopy or transfer a candidate's work or marks in whatever form other than the one prescribed by the Council.
(6)The marking scheme and marking regulations shall not be taken out of the marking centre by any examiner, or a centre organizer or officials at the marking center.
(7)Notwithstanding paragraph 4 and 6, the center organizer shall return all the candidate scripts and all marking materials to the Council after the completion of marking.

19. Restriction to access of marked scripts

An examination script shall not be accessible to any candidate, institution, teacher or any other third party representing the interest of the candidate once the script has been marked.

Part IV – PROCESSING AND ISSUE OF EXAMINATION RESULTS

20. Processing of marks and release of examination results

(1)The Council shall record and process candidate marks into examination results.
(2)The Examination results under paragraph (1) shall be released and announced by the Council.
(3)Examination results released by the Council under paragraph (2) shall be the official results of the Council.

21. Contracted professionals

(1)The Council may engage such educationist and other professionals as shall be determined by the Council in the processing of examination results.
(2)A contracted professional engaged in the processing of examination results shall maintain integrity, declare his or her interest and subscribe to an oath of secrecy.

22. Responsibility of heads of institutions

(1)A head of an institution shall be responsible for submitting all examination marks regarding the relevant candidate's continuous assessment test, course work, project and teaching practice in accordance with the deadline set by the Council.
(2)Where a head of institution or relevant person fails to comply with sub-rule (1) the candidate shall not be awarded a Certificate or Diploma.

23. Issuance of result slips

(1)The Council shall issue result slips to successful candidates upon completion of marking, processing and release of examination results..
(2)The personal details recorded on an examination result slip shall be those provided by the candidate during registration and the grades attained in the examination.
(3)The results indicated in a candidate's result slip shall be provisional.

24. Issuance of Certificates

The Council shall issue certificates and diplomas to qualified candidates within twelve months of the release of examination results.

25. Withdrawal of results or certificates

The Council may withdraw an examination result, a certificate or diploma where the Council is satisfied that—
(a)the result, certificate and or diploma was issued and or acquired in a fraudulent manner;
(b)an examination irregularity was committed before or during the time the candidate sat the examination or before release of the examination results; or
(c)the candidate sat the examination without fulfilling the minimum examination entry requirement.

26. Handling of examination queries

(1)A person may lodge a query to the Council on—
(a)a candidate's personal details; or
(b)examination results.
(2)In resolving queries lodged under paragraph (1), the Council shall be guided by, the Act, these Rules, written laws, Council policies, Council procedures and Council regulations
(3)An applicant submitting any query to the Council for resolution shall ensure the applicant provides all the required evidence to enable the Council process and validate the query promptly.

27. Review of examination results

(1)A candidate may apply to the Council for review of the decision in respect to the candidate's examination results or data under the Act, these Rules or any other written law.
(2)A review under paragraph (1) shall be lodged to the Council by the candidate within thirty days from the date of release of the examination results
(3)An application for review under paragraph (2) shall be made to the Council in writing.
(4)The Council shall upon receiving an application for review, consider the application and make a decision.
(5)In determining an application for review, the Council may—
(a)approve the request;
(b)approve part of the request; or
(c)reject the request.
(6)A decision made in response to the review shall be in writing and shall be communicated to the applicant within ninety days from the date of receipt of the application.
(7)The decision of a review under these Rules shall be final.

28. Conditions for Change of certificates

(1)A candidate shall be required to return an original certificate, diploma or result slip initially issued to the candidate by the Council in case any change has been effected by the Council on the results slip, certificate or diploma.
(2)A candidate shall return such a certificate before the corrected result slip, certificate or diploma can be issued to the candidate.
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31 December 2022 this version
17 July 2015
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