Crackdown launched on schools withholding student’s KCPE & KCSE certificates

The Ministry of Education has launched a crackdown to weed out school heads accused of withholding students' examination certificates.

Education Cabinet Secretary, Ezekiel Machogu, initiated the operation in response to concerns raised by Kilifi North Member of Parliament Owen Baya, who alleged that students yet to clear school fees were not allowed to collect their certificates.

Baya sought to determine the number of certificates both public primary and secondary schools have withheld since 2012, noting that most affected students incurred debts due to their families' inability to pay school fees.

“Most students who are indebted to schools are from poor and disadvantaged backgrounds because their parents are unable to raise school fees and withholding their examination certificate is equivalent to killing their future career prospects and dreams,” Baya complained. 

Appearing before the Parliamentary Committee on Education on Thursday, CS Machogu directed field officers to conduct a comprehensive audit of all schools to establish institutions that have been withholding the certificates. 

Machogu added that the audit will be backdated to 2012 to uncover the underlying reasons behind school heads declining to release the examination certificates. 

What the law says 

This is despite the law providing that all candidates who sit national examinations, the defunct Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE), be provided with their results.

Machogu clarified that schools and their administrators act as intermediaries for the Kenya National Examination Council (KNEC) in distributing certificates to candidates and therefore lack legal grounds to withhold them.

“The Ministry has issued guidance to all schools through the County Directors of Education, emphasising the legal position to the effect that no certificate should be withheld on account of non-clearance of school fees,” Machogu explained. 

However, despite the legal provisions and the issuance of circulars by both KNEC and the Ministry, Machogu regretted that field officers have reported instances where certificates were withheld by schools, particularly due to outstanding fees, contrary to the law.

He emphasised that many cases go unreported as affected candidates attempt to resolve the matter directly with their schools.

“It is important to point out that many cases of withheld certificates are not reported to the ministry or KNEC as affected candidates attempt to resolve the issues between themselves and their respective schools. We will transmit the information to the committee once it is provided,” he said. 

Education CSEzekiel Machogu presides over the official release of the Competence Based Education and Training Results Slips & Certificates and also the release of November/December 2023 TVET CDACC Assessment Series Results at Kenya School of TVET in Nairobi on March 7, 2024. (Photo: EduMin)

Way forward after audit 

He said once the audit is completed, both the Ministry and the Teachers Service Commission (TSC) will take decisive action against rogue school principals and ensure affected candidates receive their rightful documents.

Machogu revealed that the Ministry has been exploring various solutions, including the possibility of strengthening the legal framework to make it a punishable offence to withhold a candidate's certificate.

“As a ministry, we have been exploring various solutions to address this problem of withheld certificates. One of the options we have considered is to strengthen the existing legal framework by making it a punishable crime to withhold a candidate’s certificate. The current law only prohibits withholding a certificate without providing for punishment,” he explained 

“All candidates are, by law, entitled to their certificates upon release of their results. Every child in Kenya has a constitutional right to a basic education and withholding certificates violates this right. Section 10(1)(b) of the Kenya National Examinations Council Act, 2012, prohibits institutions or persons from withholding Knec certificates or diplomas from the candidate.”

Additionally, he said the government is considering implementing a technological solution to enable direct access to examination results for candidates in the future.

According to Machogu, the future will allow institutions and third parties to verify candidates' results from a centralised source managed and secured by the KNEC. 

The system will also facilitate verification of basic education level results by higher education institutions and prospective employers, enhancing transparency and efficiency in the certification process.

In response to a proposal suggesting that KENC establish examination centres in every sub-county with stationed officers to coordinate examinations and distribute results directly to examinees, Machogu expressed reservations about the economic feasibility of such a setup.

He explained that currently, KNEC hires contracted professionals during examination periods to facilitate its operations and coordinate examinations.

“In our considered opinion, this framework is adequate for coordinating the conduct of examinations, especially since national examinations are conducted periodically,” he said.