Students, examination administrators, and academic fraudsters face a sweeping legal crackdown under the proposed Kenya National Educational Assessments Council (KNEAC) Bill, 2026.
The draft legislation criminalizes a comprehensive range of assessment offenses, from paper leaks, impersonation, and digital cheating to certificate counterfeiting, assault on exam officials, and administrative negligence, setting penalties as high as KSh10 million in fines and up to 10 years in prison.
The Bill targets candidate malpractice across both traditional and modern testing environments. It defines cheating to cover physical copying, seeking external help, and possessing unauthorized devices, alongside e-assessment violations such as bypassing online proctoring software, plagiarizing, and accessing test platforms outside authorized zones.
“A candidate shall be deemed to have committed an assessment malpractice during an assessment where he or she copies from the script of another candidate, communicates with another candidate with the intent to assist that candidate in answering an assessment question, or communicates with another candidate with the intent of seeking assistance in answering an assessment question,” reads part of the Bill.
Candidates caught colluding or copying face immediate disqualification, cancellation of previously completed papers, and a three-year ban from taking Council assessments.
To dismantle supply chains for leaked exams, the legislation levies strict punishments on anyone handling or broadcasting test papers. Individuals caught in unlawful possession or control of examination materials or assisting candidates to obtain them face fines of up to KSh2 million, imprisonment for up to 10 years, or both.
Distributing or publishing examination papers through mass communication channels before or during an assessment attracts fines of up to KSh5 million, prison terms of up to five years, or both.
Furthermore, anyone who intentionally destroys examination materials, testing facilities, or evidence risks fines of up to KSh5 million and five years in jail, while altering answer scripts, changing marks, or losing exam papers carries fines of up to KSh1 million and up to five years in prison.
The draft law also establishes robust protections for examination centers and staff, setting heavy penalties for violence or disruption. Anyone threatening or assaulting an assessment official faces fines of up to KSh3 million, imprisonment for up to five years, or both.
Bringing offensive weapons or dangerous materials to testing centers attracts fines of up to KSh500,000 and up to three years in prison, while inciting disruption, intimidating candidates, or interfering with assessment proceedings carries fines of up to KSh500,000 and up to two years in jail.
Reserving its harshest financial penalty for credential fraud, the Bill targets fake certificates and bogus academic institutions. Counterfeiting Council-issued assessment reports, diplomas, or certificates carries fines of up to KSh10 million, imprisonment for up to 10 years, or both.
Presenting forged certificates or using another person’s credentials to secure university admission or employment incurs fines of up to KSh1 million, up to two years in prison, or both. Additionally, institutions that mount or enroll students in unapproved academic programs risk fines of up to KSh2 million and two years in prison, while fraudulently using the Council’s name, logo, or trademark triggers fines of up to KSh1 million.
Finally, the legislation holds assessment administrators strictly accountable for institutional lapses and corruption. Assessment officers who cause examination irregularities face fines of up to KSh5 million and up to five years in prison, while breaching the Council’s oath of secrecy carries fines of up to KSh1 million.
Administrators who register non-existent candidates or fail to register qualified students on time face fines of up to KSh500,000 and up to one year in prison, while delayed registration for eligible basic education candidates attracts fines of up to KSh200,000.
Unlawfully withholding a student’s certificate carries fines of up to KSh200,000, improperly disclosing confidential information incurs fines of up to KSh500,000, and refusing to provide requested information or submitting false statements triggers a fine of up to KSh30,000 or six months in jail. Anyone aiding, inciting, or facilitating an assessment offense will face the exact penalties prescribed for the primary crime.
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