The Kenya National Educational Assessments Council Bill, 2026
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
KNEC to be Repealed as New National Assessments Council Takes Over
Under Clause 5 and Clause 79, the Kenya National Examinations Council (KNEC) Act is repealed, and the Kenya National Educational Assessments Council is established as its successor. The new Council will:
- Set and maintain national assessment standards for basic and teacher education.
- Register and accredit assessment centres.
- Issue certificates, diplomas, and assessment reports, and confirm their authenticity.
Schools Must Register as Assessment Centres
Clause 22 introduces a formal registration regime for learning institutions that wish to administer assessments:
- Institutions must be registered by the Ministry responsible for education.
- They must possess the required infrastructure, facilities, equipment, and materials.
- They must meet minimum candidate thresholds and operate in a conducive environment.
Up to Ten Years in Prison for Leaking Assessment Papers
Part IV of the Bill introduces strict offences and penalties to combat assessment malpractices:
- Unauthorized possession or sharing of materials: Under Clause 45, individuals possessing or sharing assessment papers without authority face a fine of up to two million shillings, imprisonment for up to ten years, or both. Sharing materials via mass communication carries a fine of up to five million shillings.
- General offences: Clause 46 penalizes actions such as disclosing assessment content or replacing candidate scripts with a fine of up to one million shillings, imprisonment for up to five years, or both.
Universities Act Amended with New Programme Rules and Enrolment Caps
Clause 89 amends the Universities Act (Cap. 210) to introduce new regulatory oversight:
- The Commission for University Education must consult relevant professional statutory bodies before approving any academic programme.
- The Cabinet Secretary may prescribe maximum student enrolment limits in public institutions for budgeting purposes.
- Launching an unapproved academic programme or collecting fees for it carries a fine of up to two million shillings, imprisonment for up to two years, or both.
Bill No.
No. 51 of 2026
Gazette No.
Supplement No. 196 of 2026
Sponsor
Kimani Ichung'wah
Background
The Kenya National Educational Assessments Council Bill, 2026, seeks to modernize the administration of national educational assessments in Kenya. It establishes the Kenya National Educational Assessments Council as a body corporate to succeed the Kenya National Examinations Council (KNEC). The Bill provides a comprehensive legal framework for conducting assessments, managing malpractices, and transitioning staff and assets from the old examinations council.
Key Amendments
Repeal of Cap. 214A
- Clause 79: Repeals the Kenya National Examinations Council Act (Cap. 214A).
Amendments to the Universities Act (Cap. 210)
- Clause 89: Amends the Universities Act to require the Commission for University Education to consult professional regulatory bodies before approving academic programmes. It also empowers the Cabinet Secretary to prescribe maximum student enrolment limits in public institutions for budgeting purposes.
New Obligations
For Assessment Centres
- Registration: Learning institutions must apply to the Council to register as assessment centres (Clause 22).
- Standards Maintenance: Registered centres must comply with guidelines, register a minimum number of candidates, and issue results and certificates received from the Council.
- Candidate Registration: Under Clause 27, head teachers must register candidates through an online platform and verify the accuracy of names, genders, and subject combinations.
For Candidates with Foreign Qualifications
- Equation of Qualifications: Candidates holding foreign basic education qualifications must submit documents to the Council for equation before registering for relevant assessments (Clause 30).
Penalties
- Unauthorized Possession of Assessment Materials (Clause 45): A fine of up to two million shillings, imprisonment for up to ten years, or both. If shared via mass communication, the fine is up to five million shillings.
- General Assessment Offences (Clause 46): Disclosing paper contents, replacing scripts, or carrying unauthorized mobile phones during assessments is punishable by a fine of up to one million shillings, imprisonment for up to five years, or both.
- Malicious Damage to Facilities (Clause 48): Wilfully destroying assessment materials or facilities carries a fine of up to five million shillings, imprisonment for up to five years, or both.
- Impersonation (Clause 49): Presenting oneself as another registered candidate carries a fine of up to two million shillings, imprisonment for up to two years, or both, alongside a three-year ban from taking assessments.
- Offences by Universities (Clause 89): Mounting unapproved academic programmes or collecting fees for them is punishable by a fine of up to two million shillings, imprisonment for up to two years, or both.
Transitional Provisions
- Transfer of Assets and Liabilities (Clause 81): All funds, assets, movable and immovable property, and liabilities of the former KNEC are vested in the new Council.
- Ongoing Examinations (Clause 82): Any examinations scheduled or ongoing under the former Council will continue to be administered under the new Council until concluded.
- Staff Transition (Clause 88): Any member of staff or officer of the former Council remains in office for their unexpired tenure.
Gazettement
The Kenya National Educational Assessments Council Bill, 2026 was published in Kenya Gazette No. 196.
First Reading
The Bill was read a First Time in the National Assembly.