Teachers taking part in national examinations could be forced to stay on the job during exam periods under proposed changes that would limit industrial action by workers involved in the assessment process.
The proposed Kenya National Educational Assessments Council Bill, 2026, seeks to introduce new rules for the management of examinations and assessments, including a restriction on the right to strike for people directly involved in national assessments.
The Bill, sponsored by Majority leader Kimani Ichung’wah, proposes the creation of the Kenya National Educational Assessments Council to take over the role currently performed by the Kenya National Examinations Council.
One of its key provisions seeks to place limits on the right to strike provided for under Article 41 of the Constitution whenever a national assessment is being conducted.
Clause 60 states that a person involved in managing, organising or administering a national assessment would not be allowed to strike during an assessment period.
“A person engaged in the management, organisation or administration of any national assessment shall not go on strike during an assessment period,” the bill reads.
The proposed restriction would apply where the council considers that industrial action could affect the security or integrity of an assessment. It would also consider whether a strike could interfere with the rights of other people or affect the smooth running of an examination.
The proposed rule would have a direct bearing on teachers who take up roles such as centre managers, invigilators and examiners during national assessments.
Such teachers could consequently be required to continue providing examination services even if their unions call for industrial action during the assessment period.
Knut secretary general Collins Oyuu has rejected the proposal, arguing that teachers should not lose their right to withdraw their labour because they have been assigned examination duties.
“The proposal is fundamentally flawed. The right to withdraw labour cannot be suspended. Exam administration is work and our members’ right cannot be curtailed,” Oyuu said.
He added that Knut would repeat its position when the union submits its views on the proposed legislation to Parliament.
The proposed law comes at a time when the government is changing the way learners are assessed under the Competency-Based Curriculum.
Instead of relying mainly on final examinations, the new approach places greater focus on continuous assessment, school-based evaluation and digital testing.
The proposed Kenya National Educational Assessments Council would therefore have responsibility for examinations, continuous assessments, certification and digital assessments.
The body would also be allowed to conduct both conventional examinations and e-assessments. The Bill describes e-assessment as assessment carried out through digital, online or computer-based systems.
At the same time, the proposed legislation introduces tougher measures against examination malpractice.
People who unlawfully obtain examination papers, materials or information could face a prison term of up to 10 years, a Sh2 million fine, or both.
The same punishment would apply to anyone who “knowingly gains unauthorised possession of examination material or information.”
Distributing examination papers or related information through mass communication platforms would attract a maximum of five years in prison, a Sh5 million fine, or both.
The Bill would also punish people who deliberately or carelessly lose, misuse or mishandle examination materials in a way that affects the fairness of an assessment.
Those found guilty could be jailed for up to five years, fined Sh1 million, or receive both penalties.
Producing a fake assessment report, certificate or diploma would carry a maximum sentence of 10 years in prison, a Sh10 million fine, or both.
Tougher rules for candidates
Candidates would also face strict consequences if they are found to have cheated in an assessment.
The proposed council would have powers to cancel an entire assessment taken by a candidate found guilty of malpractice. It could also prevent the candidate from sitting another assessment administered by the council for a period of up to three years.
The Bill identifies plagiarism, collusion and receiving unauthorised help as forms of malpractice.
Candidates would also be prohibited from using unauthorised materials or opening other internet browsers to search for answers during an assessment.
Where cheating is suspected, the council would be allowed to hold back a candidate’s results while investigations are carried out.
Impersonating another candidate could lead to a prison term of up to two years or a Sh2 million fine.
The same penalties would apply to a person who allows another individual to take an assessment in their place.
School heads would also have increased responsibilities under the proposed law.
They would be required to ensure candidate information is correctly recorded and that assessment procedures are properly followed.
The Bill would therefore introduce new responsibilities across the examination system, affecting teachers, school heads, candidates and officials while giving the proposed council wider control over national assessments.