New crimes that could land teachers, school heads in prison under proposed KNEAC Bill

School principals and examination administrators could soon find themselves facing jail terms and multi-million-shilling fines under a proposed law that seeks to radically overhaul how Kenya manages national assessments.

The Kenya National Educational Assessments Council Bill, 2025 proposes scrapping the current law that established the Kenya National Examinations Council (KNEC) and replacing it with a new body, the Kenya National Education Assessments Council (KNEAC).

While the shift may appear structural on the surface, the bill goes much further, introducing tough criminal penalties and expanding accountability to institutional leader

At the heart of the proposal is a transition from a traditional exam-focused regime to a broader national assessment framework.

The new council would oversee assessments across basic education, teacher education and post-school training, embracing both paper-based and electronic testing formats.

The bill anticipates the growth of digital testing, requiring e-assessment centres to meet strict hardware, connectivity and staffing standards.

Under the proposed law, assessments would only be conducted in centres approved and registered by the council.

Institutions that fail to meet required standards risk suspension or deregistration. The council would also gain sweeping authority over candidate registration, marking, certification and the release of results, alongside setting quality assurance benchmarks that would override any conflicting legislation.

But it is the criminal liability provisions that mark the most significant departure from the current framework.

Heads of institutions would be given explicit statutory responsibilities, including verifying candidate registration details, ensuring all eligible learners are registered within prescribed timelines, and submitting continuous assessment scores as required.

Failure to meet these obligations would no longer be treated as mere administrative lapses. A school head who administers assessments at an unregistered centre would commit an offence punishable by up to five years’ imprisonment, a fine of up to Sh5 million, or both.

Negligently or wilfully failing to register eligible learners on time would attract up to one year in prison or a fine of Sh200,000. Withholding results slips, certificates or diplomas from candidates would carry similar penalties.

The bill also tightens penalties around assessment malpractice and certificate fraud. Unauthorised possession of assessment materials, broadly defined to include question papers, preparation notes and electronic versions, could attract up to ten years in prison or a Sh2 million fine.

Sharing exam papers via social media would be punishable by up to five years in jail or a Sh5 million fine. Forging certificates or diplomas would draw penalties of up to ten years’ imprisonment or fines reaching Sh10 million.

In addition, the proposed law criminalises impersonation, collusion, interference with assessment processes and the presentation of forged credentials.

The council would have powers to nullify compromised assessments, cancel or withhold results linked to irregularities and impose institutional penalties.

It could also seek assistance from other state organs in enforcement, while placing strict confidentiality obligations on assessment materials and council-held information.

If enacted, the legislation would formally repeal the current KNEC statute, though the existing council would continue operating for two months during the transition period, with its assets, liabilities and decisions transferred to the new entity.

Taken together, the proposals signal a decisive shift toward a compliance-driven assessment regime.

What was once largely a regulatory responsibility may soon carry personal criminal consequences for school leaders, effectively transforming national assessment administration into a legally high-risk function.