Home counties kenya KNEC RULES ON KCSE CANCELLED RESULTS APPEAL

KNEC RULES ON KCSE CANCELLED RESULTS APPEAL

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KCSE cancelled results are not easy to reverse but there is a lifeline according to knec. KNEC shall constitute a tribunal to handle such cases. The Tribunal shall consider all appeals made against a decision of the Council to withhold, nullify or cancel examinations prepared and administered by the Council.

Nullification of KCSE and investigations

Where the Council is satisfied that there has been an irregularity in the course of any examination, the Council shall suspend or nullify such examination or any part thereof.

Where the Council is satisfied that there is reasonable cause to believe that the examination results of any candidate have been obtained by irregular means, the Council shall nullify the examination results of such candidate.

In the exercise of its powers under this section, the Council may conduct such investigations as it may deem necessary, and during such investigations, the Council shall withhold the examination results of any candidate pending conclusion of the investigations on KCSE cancelled results Y .

In the course of investigations under this section, the Council may call for such information or the production of such documents as the Council may require, and within such period, in such place and from such person as the Council may determine, to assist in the investigations

Imposition of penalty on institutions for examinations irregularity

Where more than two-thirds of the candidates at an institution which is registered to offer examinations are found to have acted contrary to the provisions of this Act, either before, during or after the examination, the Council shall prohibit such institution from organizing, supervising or acting as an agent of the Council in the conduct of an examination for a period determined by the Council.

KCSE CANCELLED RESULTS APPEAL PROCEDURE ACCORDING TO KNEC ACT

Appeals from decisions of the Council
(1) A person who is aggrieved by a decision of the Council to withhold or cancel the results of a candidate may lodge an appeal to the Tribunal in the prescribed form.

(2) An institution that is aggrieved by the decision of the Council to withhold or cancel the results of the candidates in that institution may lodge an appeal to the tribunal in the prescribed form.

3)Notwithstanding the provisions of subsection (1), a person aggrieved by a decision of the Council may appeal to the Tribunal through the County Director of Education in the County in which the applicant is resident

(4)The County Director of Education shall transmit to the Tribunal any applications received under subsection (3) within five days of receipt.

(5) Where the person aggrieved by the decision of the Council is a minor, the application under subsection

(1) shall be made by the parent or guardian of the minor.

(6) An appeal under subsection (1) shall be—
(a) in writing; and
(b) lodged with the Tribunal within a period of fourteen days from the date of the decision of the Council.

(7) The parties to an appeal lodged under subsection (1) may appear before the Tribunal in person or be represented by an advocate or any other person whom the Tribunal may permit to be heard on behalf of such party.

TRIBUNAL PROCEDURE FOR KCSE Y RESULTS

Procedure of the Tribunal for kcse cancelled results

(1) The Tribunal shall transmit a copy of the application made under section 40J and any other supporting documents to the Council within seven days of receipt of the application.

(2) In any proceedings under this Part, the Tribunal shall act without undue regard to technicalities and shall not be strictly bound by the rules of evidence.
(3)

The Tribunal shall—
(a) within thirty days from the date of receipt of the application determine an appeal relating to examination results in respect of national examinations conducted at primary school level; and

(b) within sixty days from the date of receipt of the application determine an appeal relating to examination results in respect of national examinations conducted at secondary school level.

40L Powers of the Tribunal on kcse cancelled results

The Tribunal shall have the power to summon witnesses, take evidence on oath or affirmation and order the production of documents.
[Act No. 27 of 2017, s. 4.]

40M. Decision of the tribunal on appeal

(1) Upon the hearing of an appeal the Tribunal may—

(a) confirm, set aside or vary a decision of the Council; or
(b) make such other order that it may consider appropriate.

(2) The Tribunal shall communicate its decision to the parties in writing within seven days from the date of the decision.
[Act No. 27 of 2017, s. 4.]

40N. kcse Y Enforcement of orders for costs


(1) Where the Tribunal awards damages or costs in any matter before it, it shall, on application by the person in whose favour the damage or costs are awarded, issue to him a certificate stating the amount of the damages or costs.

(2) A certificate issued under subsection (1) may be filed in the High Court by the person in whose favour the damages or costs have been awarded and upon being so filed, shall be deemed to be a decree of the High Court and may be executed as such.
[Act No. 27 of 2017, s. 4.]

KCSE cancelled results Appeals to the High Court

A party to an application to the Tribunal who is dissatisfied with the decision of the Tribunal may appeal to the High Court on any of the following grounds—

(a) the decision of the Tribunal was contrary to law or to some usage having the force of law;

(b) the decision failed to determine some material issue of law or usage having the force of law; or

(c) a substantial error or defect in the procedure provided by or under this Act has produced an error or defect in the decision of the appeal.
[Act No. 27 of 2017, s. 4.]

Rules and procedures of the Tribunal

(1) The Tribunal shall make rules, within ninety days of the coming into effect of this Act, for regulating the practice and procedure for the Tribunal

(2) Notwithstanding the provisions of subsection (1), the Rules regulating the practice and procedure of the Tribunal shall not provide for the payment of any fees by any of the parties to an appeal and shall prescribe forms and anything required to be prescribed under this Part.
[Act No. 27 of 2017, s. 4.]

HOW TO CHECK KCSE RESULTS FOR WHOLE SCHOOL

HOW TO APPLY FOR KCSE REMARKING AND COSTS

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