By Stanley Mwahanga and Kenan Miruka

Kenya: Three Kenya Certificate of Secondary Education (KCSE) candidates were charged in a Mombasa court with being in possession of part of an examination paper prior to the examination, contrary to the Kenya National Examinations Council (Knec) Act.

The three denied that on November 11, 2013 at Chandaria Hall Examination centre no: 03910601 in Mombasa District within Mombasa county, they were jointly found being in possession of some History and Government Paper One questions.

Meanwhile in Kisii, nine university students were charged with engaging in electronic cheating of KCSE examinations.

 The Kisii University students were charged with being in unauthorised possession of examination information, contrary to section 27 (1) of the Knec Act number 29 of 2012.

In the Mombasa case, the three students were granted Sh50,000 bail with surety or a cash bail of the same amount. Their case will be heard on December 5 this year.

The court, however, declined to compel the Knec to allow the students to sit the remaining papers.

“The court has not barred the students from continuing with the exams but it is up to the Kenya National Examinations Council to decide  whether they continue with their exams or not,” ruled Mombasa Senior Principal Magistrate Richard Odenyo.

The magistrate was responding to a request by lawyer August Wafula who sought orders to have his clients sit the remaining papers.

“Considering the matter is already in court, it would be in the interest of justice, your honour, that the accused be granted cash bail and be left to sit their remaining examinations,” Wafula said.

Diverse dates

Odenyo emphasised that only KNEC could allow or bar the candidates from sitting the remaining examinations.

In Kisii, Rajab Kimutai Kosgey, Esau Lesopian Olesukamoi, Stephen Onyango Obando, Nicholas Mboto Obongo, Vincent Magembe, Moses Muia, Noah Okoth, Julius Mwangi and Habakuk Okoth were accused of committing the offence on diverse dates in October.

They appeared before acting Kisii Principal Magistrate Ruth Maloba and denied the charges. Maloba released the students on bonds ranging from Sh50,000 to Sh100,000 with sureties of similar amounts until February 20, 2014 when the case will be heard.