i COMMERCIAL ACADEMIC CHEATING FROM A KENYAN PERSPECTIVE: TACKLING THE CHALLENGE OF IMPLEMENTING LEGAL AND INSTITUTIONAL REFORMS OMONDI CHELSEA AWUOR 136593 SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE BACHELOR IN LAWS DEGREE AT STRATHMORE UNIVERSITY STRATHMORE LAW SCHOOL STRATHMORE UNIVERSITY, NAIROBI, KENYA. FEBRUARY 2024 ii Declaration I declare that this work has not been previously submitted and approved for the award of a degree by this of any other University. To the best of my knowledge and belief, the dissertation contains no material previously published or written by another person except where due reference is made in the dissertation itself. © No part of this dissertation may be reproduced without the permission of the author and Strathmore University. Omondi Chelsea A. 9th February 2024 Approval The dissertation of Omondi Chelsea Awuor was reviewed and approved by: Ms. Sussie Mutahi, Teaching Fellow, Strathmore Law School, Strathmore University. iii Abstract With a focus on Kenya and an analysis of the Australian context, this paper delves into the intricate issue of commercial academic cheating in the academic setting. The study carefully investigates the challenges posed by the blurred nature of acceptable academic assistance and commercial academic fraud. According to statistics, over 60% of students are likely to contract their work more than once, and roughly 3.52% of students engage in commercial academic cheating. In addressing the widespread prevalence of commercial academic cheating in Kenya, this paper draws attention to the absence of specific laws intended to address this type of academic dishonesty. Addressing this matter is essential to preserving academic integrity, maintaining the validity of educational credentials, and discouraging unethical behavior that diminishes the significance of education. This paper's methodology, which focuses on evaluating current legislation and suggesting legislative changes to make commercial academic cheating illegal in Kenya, is based on doctrinal legal research. The Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020 of Australia influences this legislative approach. This method entails an analysis of statutes, case law, and institutional structures in order to formulate practical solutions for dealing with commercial academic cheating in the Kenyan context. The findings emphasize how urgently Kenya needs specialized legislation to make commercial academic cheating illegal and effectively discourage academic fraud. It stresses the significance of precise definitions and severe sanctions to counter commercial academic cheating taking cues from Australia's legal system. The paper's conclusion urges relevant authorities in Kenya to adopt specific penal code measures in order to outlaw commercial academic cheating and preserve academic integrity. It also emphasizes on the need for capacity building and promotion of the orange economy to create employment opportunities. Overall the paper insists that the criminalisation of commercial academic cheating in Kenya requires effective legal and institutional reforms. iv Table of Contents Declaration .............................................................................................................................................. ii Approval ................................................................................................................................................... ii Abstract ................................................................................................................................................... iii Table of statutes ................................................................................................................................... vi Table of case law.................................................................................................................................. vii List of abbreviations ......................................................................................................................... viii Acknowledgements ............................................................................................................................. ix Dedication ................................................................................................................................................. x Chapter 1: Introduction ...................................................................................................................... 1 1.1 Background .................................................................................................................................. 1 1.2 Problem Statement .................................................................................................................... 3 1.3 Research Objectives .................................................................................................................. 4 1.4 Research Questions ................................................................................................................... 4 1.5 Hypothesis .................................................................................................................................... 4 1.6 Justification .................................................................................................................................. 5 1.7 Theoretical Framework: Neutralization Theory ............................................................ 6 1.8 Literature Review ...................................................................................................................... 8 1.8.1 On the reasons why commercial academic cheating should be banned in Kenya ................................................................................................................................................. 9 1.8.2 On the legal attempts towards curbing commercial academic cheating focusing on Australia ................................................................................................................. 11 1.8.3 On the potential solutions towards handling the challenges of legal and institutional implementation ................................................................................................. 12 1.9 Contribution .......................................................................................................................... 14 1.10 Methodology ......................................................................................................................... 14 1.11 Chapter Breakdown ........................................................................................................... 15 Chapter 2. A case for the illegalization of commercial academic cheating in Kenya .. 17 2.1 Introduction ............................................................................................................................... 17 2.2 Commercial academic cheating context .......................................................................... 18 2.3 Commercial academic cheating defying Kenya’s national values........................... 19 2.3.1 Integrity ............................................................................................................................... 20 2.3.2 Sustainable Development .............................................................................................. 20 2.4 Commercial academic cheating as an antithesis to decent work ........................... 21 2.4.1 Digital Era in Africa .......................................................................................................... 22 2.4.2 Promotion of Decent Work ........................................................................................... 23 2.5 Tax Evasion ................................................................................................................................ 25 2.6 Conclusion .................................................................................................................................. 25 Chapter 3. An assessment of Australia’s progress in criminalization of commercial academic cheating as a basis for Kenya’s Law reform ........................................................... 27 3.1 Introduction ............................................................................................................................... 27 3.2 Australian Legislation ............................................................................................................ 28 3.2.1 Overview of the Act .......................................................................................................... 29 3.2.2 Possible Offences .............................................................................................................. 30 3.3 Conclusion ............................................................................................................................. 32 v Chapter 4. Legal and Institutional reforms necessary to curb commercial academic cheating in Kenya. ............................................................................................................................... 34 4.1 Introduction ............................................................................................................................... 34 4.2 Proposal for Legislation ......................................................................................................... 35 4.2.1.2 Strict Liability Clause ................................................................................................... 37 4.3 Institutional reforms .............................................................................................................. 38 4.3.1 Pan-African lobby against commercial academic cheating ............................... 38 4.3.2 Capacity Building .............................................................................................................. 39 4.3.3 Media and Platform Accountability ........................................................................... 40 4.3.4 Promoting the Orange Economy ................................................................................. 41 Chapter 5. Conclusion and areas for further study ................................................................. 43 5.1 Introduction ............................................................................................................................... 43 5.2 Possible obstacles towards legal and institutional reforms ................................. 44 5.3 Further area of study .......................................................................................................... 45 Bibliography ......................................................................................................................................... 46 Books ................................................................................................................................................... 46 Chapters in books............................................................................................................................ 46 Journals ............................................................................................................................................... 47 Online Sources.................................................................................................................................. 50 Reports ................................................................................................................................................ 52 Dissertations ..................................................................................................................................... 53 vi Table of statutes Kenyan statute Constitution of Kenya, 2010. Leadership & Integrity Act (No 19 of 2012) Australian statute Crimes Act (1900) NSW Explanatory Memorandum of Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Bill 2019. Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020. Irish statute Quality and Qualifications Ireland (QQI). Qualifications and Quality Assurance Amendment Act,2019 vii Table of case law Kenyan case law Dindi Oscar Okumu v Robert Pavel Oimeke & 5 others [2021] Australian case law DPP v Shaw (2013), The State Circuit Court of Appeals. Duncan v Independent Commission against Corruption (2015), High Court of Australia Gerakiteys v The Queen (1984), Commonwealth Law Reports. Peters v R (1998), Commonwealth Law Reports. R v Ho & Szeto (1989), New South Wales Court of Appeal. R v Sewell (2001), New South Wales Court of Criminal Appeal. R v Sultan (2008), New South Wales Court of Criminal Appeal. Spies v R (2000), Commonwealth Law Reports. Lithuanian case law R.K. v Studium Generale (2012), Marijampole District Court of Lithuania viii List of abbreviations NSW New South Wales UNCTAD United Nations Conference on Trade and Development TEQSA Tertiary Education Quality and Standards Agency Act 5G Fifth Generation CLR Commonwealth Law Reports ix Acknowledgements My profound appreciation is extended to my supervisor, Ms. Sussie Mutahi, for her patience in helping me with my paper. I have nurtured my research skills and the self-discipline to turn in assignments on time thanks to her mentoring. I would also want to thank the faculty at Strathmore University's School of Law for helping me develop my thinking as a young scholar and the library staff for providing me with the facilities I needed to finish this dissertation. x Dedication To Christine Olang’o, my role model. 1 Chapter 1: Introduction 1.1 Background Education significantly contributes to developing critical thinking and professional skills. Nonetheless, these attributes are non-achievable if students pay others to do their academic work. Although hiring someone to guarantee good grades may seem convenient, it damages the accurate evaluation of abilities and knowledge among students.1 Commercial academic cheating is a form of academic dishonesty where students give out their assignments to online workers and submit the purchased coursework as their own.2 It exists within the scope of commercial plagiarism.3 Thomas Lancaster and Robert Clarke discovered commercial academic cheating in 2006 during their research on identifying academic dishonesty in higher learning.4 They began their study in 2004 to assess the extent of commercial academic cheating when their assignments appeared on a website known as Rentacoder.5 Between 2004 and 2006, Clarke and Lancaster identified 912 cases of commercial academic cheating across six countries, with the United States of America having the highest number.6 Over the years, the practice has grown and threatens academic standards in higher education. Commercial academic cheating appears in different forms, like seeking help from friends or family, downloading a paper from an essay website, and paying a third party to do an 1Gorenko Y, ‘Commercial academic cheating: Reasons Behind It and Ways to Stop It, Educational Technology,’ 11 March 2020 Commercial academic cheating: Reasons Behind It And Ways To Stop It - eLearning Industry on 11 September 2023. 2 Clarke R and Lancaster T, ‘Eliminating the successor to plagiarism? Identifying the usage of commercial academic cheating sites,’2006,2. 3 Walker C, The white-collar hustle: Academic writing & the Kenyan Digital Labour Economy’ Published Thesis, University of Oxford,2019,72. 4 Lancaster T and Culwin F, ‘Preserving academic integrity – Fighting against non-originality agencies,’2006. 5 Lancaster T and Clarke R, ‘Commercial academic cheating in UK higher education: Promoting a proactive approach,’2009,4. 6 Lancaster T and Clarke R, Commercial academic cheating in UK higher education, 9. https://elearningindustry.com/contract-cheating-reasons-and-ways-to-stop 2 assignment.7 The final form of cheating is the most unethical, as it promotes the commercialization of academic qualifications through the creation of essay mills.8 Lancaster’s research has discovered global hotspots of individuals who encourage commercial academic cheating. Between 2006 and 2016, Lancaster observed the rise of the essay-providing services in Kenya.9 He learned that the people bidding to work on low-level academic assignments on websites such as freelancer.com were mostly Kenyans, Indians, and Pakistanis. The number of Kenyan writers is unknown because workers are advised to disguise their locations and pretend, they are from more desirable regions such as America.10 Researchers’ work shows the legitimate aspect of essay-writing services in Kenya. Participants feel they are being of service and see themselves as academic writers. With the high unemployment rate, even those who earn as little as $2 per essay consider it a good source of income.11 There have been attempts to tackle the issue via legal means, but there seems to be a disconnect during implementation. In most countries like Kenya, no law expressly combats commercial academic cheating. The Australian government passed a new law that renders essay-writing companies as avenues that encourage academic misconduct.12 Whether the services are offered within the country or abroad, the penalty of two years imprisonment or a A$100,000 fine applies.13 Despite the government’s efforts, the demand for essay writing services is still high. 7 Newton P and Lang C, ‘Freelancers and Other Paid Third Parties,’ Handbook of Academic Integrity,2016,2. 8 Gorenko Y, Commercial academic cheating, para 2. 9 Lancaster T, ‘How Kenya now leads the world in enabling Commercial academic cheating,’ 2018, para 2. How Kenya Now Leads the World in Enabling Commercial academic cheating – Thomas Lancaster's Blog on 11 September 2023. 10 Lancaster T, ‘How Kenya now leads the world in enabling Commercial academic cheating,’ para 3. 11 Lancaster T, ‘Commercial academic cheating and Essay Mills 2017 Findings Part 2 – Inside the Commercial academic cheating Industry,’ Commercial academic cheating and Essay Mills 2017 Findings Part 2 – Inside the Commercial academic cheating Industry – Thomas Lancaster's Blog on 11 September 2023. 12 Cosenza E, ‘New laws passed could see cheaters who sell services to university students jailed,’ The Australian, September 2020 https://www.theaustralian.com.au/news/latest-news/new-laws-passed-could-see-cheaters-who- sell-services-to-university-students-jailed/news-story/599e268e4e5f39 e0766544688274092/ on 11 September 2023. 13 Australian Government, ‘Tackling commercial academic cheating,’ Department of Education, 2022 Tackling commercial academic cheating - Department of Education, Australian Government https://thomaslancaster.co.uk/blog/how-kenya-now-leads-the-world-in-enabling-contract-cheating/ https://thomaslancaster.co.uk/blog/how-kenya-now-leads-the-world-in-enabling-contract-cheating/ https://thomaslancaster.co.uk/blog/contract-cheating-and-essay-mills-2017-findings-part-2-inside-the-contract-cheating-industry/ https://thomaslancaster.co.uk/blog/contract-cheating-and-essay-mills-2017-findings-part-2-inside-the-contract-cheating-industry/ https://www.theaustralian.com.au/news/latest-news/new-laws-passed-could-see-cheaters-who-sell-services-to-university-students-jailed/news-story/599e268e4e5f39%20e0766544688274092/ https://www.theaustralian.com.au/news/latest-news/new-laws-passed-could-see-cheaters-who-sell-services-to-university-students-jailed/news-story/599e268e4e5f39%20e0766544688274092/ https://www.education.gov.au/higher-education-standards-panel-hesp/tackling-contract-cheating https://www.education.gov.au/higher-education-standards-panel-hesp/tackling-contract-cheating 3 Among all forms of academic dishonesty, commercial academic cheating is the most challenging to curb through a legal approach. Unlike plagiarism which may be investigated under copyright law, commercial academic cheating is regarded as a morality issue; hence challenging to prove in a law court.14 Although an agreement between a student and an essay service provider seems unethical, from a legal perspective, such a contract is not illegal. In a Lithuanian case, R.K. v. Studium Generale,15 the plaintiff terminated an agreement with the defendant for failure to complete a task. The plaintiff requested repayment of a pre-paid amount from the defendant. In the defendant’s opinion, he had fulfilled his obligations to the plaintiff, yet he was not paid. He argued that the plaintiff submitted the work without his consent which resulted in damages to him. The court insisted that the general principle of law, ex injuria jus non oritur, should be applied and granted the plaintiff’s request. From the case above, it is clear that legislators find difficulty in addressing matters regarding commercial academic cheating especially since it is an illegitimate source of income. Most strategies proposed for eradicating academic dishonesty revolve around efforts made by the learning institutions, such as changing coursework regularly rather than addressing the problem from the supply end. The current legislative reforms seem theoretical and there is little research available on how to address the challenges faced during implementation. 1.2 Problem Statement Commercial academic cheating undermines the learning process and ruins the reputation of academic institutions worldwide. Since essay writing service providers go as far as completing degrees for students, organizations and employers ultimately suffer the consequences of hiring unskilled personnel. The practice continues to thrive globally despite the detection measures and penalties by learning institutions to curb commercial academic cheating. Currently, no law in Kenya outlines the illegality of commercial academic cheating, making it difficult for institutions to act against it. There needs to be a law that criminalizes commercial academic cheating since it goes against Kenya’s national values enshrined in 14 Saunders, ‘Plagiarism and the law,’23, Learned publishing,4,2010, 279. 15 Tauginiene L and Jurkevičius V, ‘Ethical and legal observations on commercial academic cheating services as an agreement,’ International Journal for Education Integrity, 13,2017,5. 4 Article 10 of the Constitution of Kenya. The study seeks to provide recommendations on the criminalization of commercial academic cheating in Kenya. 1.3 Research Objectives 1. To make a case for the illegalization of commercial academic cheating in Kenya. 2. To assess Australia’s progress in criminalization of commercial academic cheating as a basis for Kenya’s law reform. 3. To identify the legal reforms necessary to outlaw commercial academic cheating in Kenya. 1.4 Research Questions 1.What is the basis of illegalization of commercial academic cheating in Kenya? 2.What is Australia’s progress in the criminalization of commercial academic cheating? 3.What legal reforms are necessary to criminalize commercial academic cheating in Kenya? 1.5 Hypothesis Academic dishonesty is a global concern, especially with the overreliance on online learning, making it easier for students to employ third parties to do their assignments. Authors such as Clarke and Lancaster propose detection as a plausible solution to commercial academic cheating.16 Commercial academic cheating is nearly impossible to detect as the submitted work is often original, and the proposed detection strategies are often non-feasible. Preventive measures like redesigning assignments and creating clear-cut policies have also been unsuccessful since it places the burden of combating commercial academic cheating entirely on higher learning institutions. Some countries, such as Australia, have set laws which criminalize the activities of essay-writing companies but there seems to be a discord between the law and implementation.17 My hypothesis is that the current measures against 16 Clarke R and Lancaster T,’Eliminating the successor to plagiarism? Identifying the usage of commercial academic cheating sites,’ Northumbria Learning Press,19 June 2006,13. 17 Groves A and Nagy V, ‘Meaningful crime prevention or just an ‘act’: discourse analysis of the criminalization of commercial academic cheating services in Australia,’ 78, Crime, Law, and Social Change, 3, 2022,297. 5 commercial academic cheating are impaired since they focus entirely on the institutions’ efforts to prevent and detect academic dishonesty. Additionally, there is little research available on potential solutions towards tackling the challenges faced during legislation.18 1.6 Justification Academic integrity is paramount to the reputation of any education system and, ultimately, the stability of any society. One major hindrance to academic integrity is the rise of commercial academic cheating which destroys the credibility of higher learning institutions. The commercial academic cheating industry operates as a white-collar hustle and its estimated value is $15 Billion.19 In Kenya, there are over 20,000 active academic writing service providers hence viable solutions are urgently needed to curb the practice.20 This study is thus essential to policymakers in the education sectors worldwide to assist them in adopting practical measures against commercial academic cheating. Previous papers on the subject dwell on how academic institutions can detect and prevent commercial academic cheating. This study is unique because it focuses on solving the challenges that arise in implementing legal and institutional reforms against commercial academic cheating. This paper shall assist human resource firms and talent acquisition officers in gauging the credibility of applicants’ academic qualifications by evaluating whether they are well-equipped for the jobs. Lastly, this study shall also be helpful to scholarship providers, especially those offering to sponsor postgraduate studies, as they assess the validity of the academic papers presented by their applicants. 18 Amigud A and Dawson P, ‘The law and the outlaw: is legal prohibition a viable solution to the commercial academic cheating problem?’ Taylor & Francis Group,2019,2. 19 Eaton S, ‘Academic Integrity in Canadian Higher Education: The Impact of COVID-19 and a Call to Action,’ Paper presented at the Canadian Society for the Study of Higher Education (CSSHE), University of Alberta,1 June 2021,166. 20 Lancaster T, ‘How Kenya now leads the world in enabling Commercial academic cheating,’ para 5. 6 1.7 Theoretical Framework: Neutralization Theory Neutralization theory emerged from criminology and deviant sociology research.21 Neutralizations, also referred to as rationalizations, are justifications for deviant behavior. Some authors believe neutralizations are important when explaining deviant practices such as fraud.22 In an attempt to understand how white-collar crime occurs, Edwin Sutherland suggests that rationalization is the main way offenders justify their actions.23 They convince themselves through vocabularies of adjustment, such as “I didn’t hurt anybody”, which allows them to minimize the guilt of their behavior in light of existing norms.24 Authors such as Sykes and Matza explain that people are naturally wired to abide by the law and refrain from committing illegitimate actions.25 Hence, they argue that when a person commits an offence, they must adopt a mechanism to suppress the urge to follow moral obligations.26 The theory is based on the fact that delinquents are not immune to guilt or conformity demands.27 Researchers argue that a student is more likely to cheat depending on how well they can rationalize academic dishonesty depending on their circumstance.28Although the neutralization theory may explain why students violate moral codes, they naturally 21 Curasi and Carolyn F, ‘The Relative Influences of Neutralizing Behavior and Subcultural Values on Academic Dishonesty,’88, Journal of Education for Business,3,2013,168. 22 Murphy, Pamela R and Tina D, ‘Psychological Pathways to Fraud: Understanding and Preventing Fraud in Organizations,’ Journal of Business Ethics, 101,2011,602. 23 Sutherland, Edwin H, ‘Crime and Business,’ 1, The Annals of the American Academy of Political and Social Science, 217,2016,116. 24 Kaptein M and Helvoort M, ‘A model of neutralization techniques,’ Taylor & Francis,2019,1261 https://www.tandfonline.com/doi/full/10.1080/01639625.2018.1491696 on 12 September 2023. 25 Sykes G and Matza D, Techniques of neutralization: A theory of delinquency,’ Jstor,666 https://ucilnica.fri.unilj.si/pluginfile.php/160463/mod_resource/content/1/Sykes%2C%20G.%20M.2C%20% 20Matza%2C%20D.%20%281957%29.%20Techniques%20of%20Neutralization.pdf on 12 September 2023. 26 Sykes G and Matza D, ‘Techniques of neutralization: A theory of delinquency author,’667. 27 Topalli V, ‘The Seductive Nature of Autotelic Crime: How Neutralization Theory Serves as a Boundary Condition for Understanding Hardcore Street Offending’,2006,477. 28 Eisenberg J, ‘To cheat or not to cheat: Effects of moral perspective and situational variables on students’ attitudes,’ 33, Journal of Moral Education, 2,2004, 165; Whitley, B. ‘Factors associated with cheating among college students: A review,’ Research in Higher Education, 39,1998,245. https://www.tandfonline.com/doi/full/10.1080/01639625.2018.1491696 https://ucilnica.fri.unilj.si/pluginfile.php/160463/mod_resource/content/1/Sykes%2C%20G.%20M.2C%20%20Matza%2C%20D.%20%281957%29.%20Techniques%20of%20Neutralization.pdf https://ucilnica.fri.unilj.si/pluginfile.php/160463/mod_resource/content/1/Sykes%2C%20G.%20M.2C%20%20Matza%2C%20D.%20%281957%29.%20Techniques%20of%20Neutralization.pdf 7 support29, Mathieu Bouville argues that its claims are non-substantial because theorists over-interpret their data and rely on non-contradictions rather than proving the theory.30 According to him, more than pure empirical data is required because neutralization requires a concept of what consists of wrong behavior, which theorists fail to provide. Bouville’s argument is based on the fact that authors establish neutralization even before they carry out investigations.31 From his perspective, neutralization is more of a stylistic device since the authors claim that their results confirm the theory instead of finding a model that explains their observations. For example, Davy et al suggests that neutralization only occurs when one naturally supports a norm but opts to rationalize it to allow them to violate it.32 No evidence shows cheaters support the idea that cheating is wrong. Therefore, their research is impaired since it fails to prove their understanding of neutralization. In an attempt to address such shortcomings in explaining delinquency, other scholars use different approaches. Travis Hirschi came up with the Social Control Theory after being dissatisfied with the Differential Association Theory and Strain Theory, which both suggested that one’s environment influenced criminal habits.33 Some authors claim that crime occurs when a person’s affiliations to normative standards are nonexistent or frail.34 Social Control Theory maintains that every individual is inherently bad from birth and must be controlled by rules to keep them in check.35 It suggests that those with weak ties to societal norms indulge in deviant behavior such as academic cheating. 29 McMullan P and Zito N, ‘It’s Not My Fault,’ Using Neutralization Theory to Understand Cheating by Middle School Students,13, Current Issues in Education, 3,2011,12. 30 Bouville M, ‘Cheating and neutralization,’ ResearchGate, January 2008, 1 https://www.researchgate.net/publication/267853478_Cheating_and_Neutralization on 12 September 2023. 31 Bouville M, ‘Cheating and neutralization’,1. 32 Davy J, Kincaid J, Smith K and Trawick, M,’ An examination of the role of attitudinal characteristics and motivation on the cheating behavior of business students,’ Ethics and Behavior, 17,2007, 287. 33 Pratt T, Gau J and Franklin T, ‘Key ideas in criminology and criminal justice,’ 1st ed. Los Angeles: SAGE,2011. 34 Bartol C and Bartol A, ’Criminal behavior (custom ed.) Upper Saddle River, NJ: Pearson Education/Prentice Hall,2011. 35 Crawford M, ‘Social Control Theory,’ Walden University, July 2014,2 http://dx.doi.org/10.13140/RG.2.1.2360.7847 on 12 September 2023. https://www.researchgate.net/publication/267853478_Cheating_and_Neutralization http://dx.doi.org/10.13140/RG.2.1.2360.7847 8 Individuals develop four basic bonds that determine whether they shall condone criminal activity.36 The Attachment Bond is the level of psychological consideration for social institutions. In contrast, the commitment bond shows the significance of valuing social relationships and refraining from jeopardizing them through deviant behavior.37 Thirdly, the involvement bond explains the opportunity costs based on how people spend their time; hence, the adage of an idle mind is the devil’s workshop. The belief bond is the degree to which an individual adheres to the values associated with lawful behaviors.38 It insists that the more significant a person’s principles are concerning a certain behavior, such as academic dishonesty, the less likely they are to participate. Social Control Theory insists that people’s conscience develops gradually through various interactions with rules and societal beliefs.39 Children are taught morals by their parents, teachers, and churches. As adults, they learn laws through the police and courts. According to this theory, children without exposure to religious beliefs or morality ultimately indulge in deviant acts. Although biological factors highly contribute to a person’s susceptibility to crime, the social control theory explains approximately 50% of engagement in deviant behavior.40 This study shall use the neutralization theory to show why commercial academic cheating is difficult to eradicate because of the likelihood of students cheating and essay writing mills providing services. The social control theory provides a different perspective on deviant behavior. It is relevant to this study as it outlines the role of law in eliminating social problems such as academic dishonesty. 1.8 Literature Review The issue of university students’ indulgence in commercial academic cheating has caught the attention of many scholars. However, most literature surrounding commercial academic 36 Pratt T, ‘Key ideas in criminology and criminal justice,’57. 37 Pratt T, ‘Key ideas in criminology and criminal justice,’58. 38 Pratt T, ‘Key ideas in criminology and criminal justice,’59. 39 Crawford M, ‘Social Control Theory,’3. 40 Crawford M, ‘Social Control Theory,’3. 9 cheating revolves around identifying different types of commercial academic cheating, providing statistics, and implementing prevention strategies.41 A common characteristic in most articles is that the prevention measures rely on the efforts of the institutions to prevent assignment outsourcing and to act against the students. Only a few authors provide insight into how essay mills work which is a key element in coming up with viable solutions to the problem.42 Dr Chloe Walker, a lecturer at the University of the West Indies, focuses on commercial academic cheating in relation to youth unemployment. Dr Chloe Walker’s thesis is entirely based on her interactions with academic contract writers in Kenya.43 Her study seeks to understand the place of academic writing in the lives of Kenyan youth. Cheating is presented as support and is legitimate work for the unemployed.44 Kenyan academic writers have gained knowledge and skills to evade detection by plagiarism software which renders detection measures useless.45 Walker’s thesis shows how the youth are desperate for financial security and willing to compromise on academic integrity. Her research and analysis are a great starting point for tackling the challenges towards implementing laws against commercial academic cheating. 1.8.1 On the reasons why commercial academic cheating should be banned in Kenya Several studies have revealed alarming cases of academic dishonesty in various countries including Kenya.46 North American Surveys discovered that 7% of undergraduates and 3% of postgraduates admitted to submitting work done by another person as their own.47 Curtis and Popal found that 3.5% of their sample had bought an essay and turned it in as their 41 Walker M and Townley C, ‘Commercial academic cheating: A new challenge for academic honesty,’10, Journal of Academic Ethics, 1,2012; Jenkins T and Helmore S, ‘Coursework for cash: the threat from on-line plagiarism,’ In Proceedings of 7th Annual Conference for Information and Computer Sciences, 2006. 42 Ellis C, Zucker, I. M and Randall D, ‘The Infernal Business of commercial academic cheating: Understanding the business processes and models of academic custom writing sites,’ International Journal for Educational Integrity Biomed Central,2018,1-21. 43 Walker C, ‘The white-collar hustle: Academic writing & the Kenyan Digital Labour Economy,’15. 44 Walker C, ‘The white-collar hustle: Academic writing & the Kenyan Digital Labor Economy,’15. 45 Walker C, ‘The white-collar hustle: Academic writing & the Kenyan Digital labor Economy,’16. 46 Curtis J and Clare J, ‘How Prevalent Is Commercial academic cheating and to What Extent Are Students Repeat Offenders?’,15, Journal of Academic Ethics, 2, 20 April 2017,118. https://doi.org/10.1007/s10805-017-9278-x. on 27 September 2023. 47 McCabe D, ‘Cheating among college and university students: A north American perspective,’ International Journal for Educational Integrity,’ 2005,1. http://dx.doi.org/10.21913/IJEI.v1i1.14 on 27 September 2023. https://doi.org/10.1007/s10805-017-9278-x http://dx.doi.org/10.21913/IJEI.v1i1.14 10 own.48 As the educational sector evolves through technological advancements, the need to address and ultimately ban commercial academic cheating in Kenya is more urgent to preserve morality as a country. Article 10(2) of the Constitution of Kenya highlights integrity as one of the national values and principles of governance.49 It refers to the virtue of being steadfast and adhering to moral standards. Education is an important asset in propagating such desirable virtues in its citizens. In reality, life is about people's choices and actions and not entirely what they know. In a world obsessed with utility and control, education systems focus on pumping ideas into the learner’s heads, overlooking character development.50 This forgotten moral sphere of education influences the quality of the citizens and, ultimately, the society.51 Over the years, commercial academic cheating has become a lucrative business among the Kenyan youth. More than a million unemployed youth are financially frustrated yet have Degrees.52 According to some, commercial academic cheating is the only way to earn a living without engaging in criminal activities. Although the Kenyan education system seems to spit out employees and not entrepreneurs, the lack of insistence on moral values makes the youth comfortable actively promoting academic dishonesty, contradicting the nation’s values. The International Labor Organization has created an agenda promoting decent work to achieve fair globalization and reduce poverty. Decent work involves job opportunities that are fair, safe, and mindful of the worker’s rights.53 In recent decades, flexible contracts have replaced structured and safe employment agreements.54 Unstructured forms of employment 48 Curtis G and Popal R, ‘An examination of factors related to plagiarism and a five-year follow-up of plagiarism at an Australian university,’7, International Journal for Educational Integrity,1,2011, 32. 49 Article 10(2), Constitution of Kenya (2010). 50 Chang’ach J, ‘The Centrality of Character and Integrity Education in Kenya’s Institutions of Higher Learning,’2, Asia Pacific Journal of Multidisciplinary Research,1, February 2014,48. 51 Chang’ach J, ‘The Centrality of Character and Integrity Education in Kenya’s Institutions of Higher Learning,’48. 52 Gitonga S, ‘Commercial academic cheating (from a Kenyan Youth’s View),’ Medium, 2 August 2021 https://medium.com/@editorsamuelkariuki/contract-cheating-from-a-kenyan-youths-view-9ee2efc2cd72 on 28 September 2023. 53 International Labour Organization, Decent work. https://www.ilo.org/global/topics/decent-work/lang-- en/index.htm on 28 September 2023. 54 Eurofound and International Labour Organization, ‘Working conditions in a global perspective. International Labour Organization and Publications Office of the European Union,’2018. https://medium.com/@editorsamuelkariuki/contract-cheating-from-a-kenyan-youths-view-9ee2efc2cd72 https://www.ilo.org/global/topics/decent-work/lang--en/index.htm https://www.ilo.org/global/topics/decent-work/lang--en/index.htm 11 are prone to precarious risks due to less security and more social deprivation.55 The global commercial academic cheating sphere is worth over $1 billion, yet workers in Kenya get a minimal share despite doing all the work. Websites promoting essay writing services act as middlemen between students and writers. These sites can take more than 30% of the cut as commission, which is unfair to Kenyan workers.56 Moreover, since there is no legal contract between the intermediaries and writers, the latter are prone to exploitation and unfair treatment contrary to the labor laws of Kenya. 1.8.2 On the legal attempts towards curbing commercial academic cheating focusing on Australia Several jurisdictions, such as Ireland, parts of the United States and New Zealand, have enacted laws to respond to the commercial academic cheating problem.57 Members of Parliament in the United Kingdom are analyzing how they may assist in amending existing laws to combat commercial academic cheating, especially its advertisement and provision.58 New Zealand sought to address the matter in 2011 by amending its Education Act 1989 which imposed criminal charges on the supply or advertisement of essay writers.59 Ireland has equally made legislative changes by establishing the Qualifications and Quality Assurance Act 2019 which establishes statutory powers to prosecute anyone encouraging commercial academic cheating.60 However, no prosecutions have been made using this Act 55 Kalleberg A and Hewison K, ’Precarious work and the challenge for Asia,57, American Behavioral Scientist,3, 276. 56 Gikandi, H, ‘Doing Western Students’ Homework Is Big Business in Kenya,’ The World from PRX, January 24, 2020. 57 Amigud, A., & Dawson, P. The law and the outlaw: Is legal prohibition a viable solution to the commercial academic cheating problem? Assessment & Evaluation in Higher Education, 45(1),2020, 98–108. 58 Turner, C. Cheating ’essay mills’ could be criminalized,2021https://www.telegraph.co.uk/news/2021/04/22/cheating-essay-mills-could-criminalised/ 59Draper M and Newton P, ‘A legal approach to tackling commercial academic cheating?’ 13, International Journal for Educational Integrity, 1,2017, 13. 60Quality and Qualifications Ireland (QQI). Qualifications and Quality Assurance Amendment Act,2019 https://www.qqi.ie/Articles/Pages/Qualifications-and-Quality-Assurance-Amendment-Bill.aspx https://www.telegraph.co.uk/news/2021/04/22/cheating-essay-mills-could-criminalised/ https://www.qqi.ie/Articles/Pages/Qualifications-and-Quality-Assurance-Amendment-Bill.aspx 12 since its enactment.61 According to Draper and Newton, the attempts of some states to prevent commercial academic cheating through legislation have been ineffective.62 Australia’s approach towards commercial academic cheating is more aggressive compared to other jurisdictions. The Tertiary Education Quality and Standards Agency Act 2020 offers a series of provisions that address the various elements of commercial academic cheating and expand the responsibilities of TEQSA to include a vital prevention role.63 TEQSA has the power to force internet service providers to block advertisements of essay mills. The legislation distinguishes between the provision of essay writing services and their advertisements, which acknowledges the ever-changing commercial academic cheating market.64 Another significant element in the Australian Act is a strict liability clause. Intent has always been a contentious issue internationally, leading to delays in creating laws and challenges in implementing the current reforms.65 1.8.3 On the potential solutions towards handling the challenges of legal and institutional implementation Kenya is rich with highly educated individuals with limited employment opportunities, making it a big player in the academic cheating industry.66 Although academic writers claim they have no alternatives, a potential argument is that people always have choices, such as emigrating to countries with plenty of jobs or providing legitimate educational assistance.67 Cooperation from Kenyan authorities seems necessary to decrease supply although such 61 Irish Independent. Students should be wary of cheating their way into trouble,2020. https://www.independent.ie/irish-news/education/going-to-college/students-should-be-wary-of-cheating-their- way-into-trouble-39524106.html 62 Draper M and Newton P, ‘A legal approach to tackling commercial academic cheating?’24. 63 Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020. 64 Groves A and Nagy V, ‘Meaningful crime prevention or just an 'act’: discourse analysis of the criminalization of commercial academic cheating services in Australia,’5. 65 Groves A and Nagy V, ‘Meaningful crime prevention or just an 'act’: discourse analysis of the criminalisation of commercial academic cheating services in Australia,’5. 66 Gikandi H, ‘Doing Western Students’ Homework Is Big Business in Kenya,’2. 67 Gallant T, ‘A Bold Proposition: Withholding Foreign Aid to Tackle the Commercial academic cheating Problem,’ ICAI, September 2019https://academicintegrity.org/resources/blog/41-2019/september-2019/123-a-bold- proposition-withholding-foreign-aid-to-tackle-the-contract-cheating-problem on 13th September 2023. https://www.independent.ie/irish-news/education/going-to-college/students-should-be-wary-of-cheating-their-way-into-trouble-39524106.html https://www.independent.ie/irish-news/education/going-to-college/students-should-be-wary-of-cheating-their-way-into-trouble-39524106.html https://academicintegrity.org/resources/blog/41-2019/september-2019/123-a-bold-proposition-withholding-foreign-aid-to-tackle-the-contract-cheating-problem https://academicintegrity.org/resources/blog/41-2019/september-2019/123-a-bold-proposition-withholding-foreign-aid-to-tackle-the-contract-cheating-problem 13 cooperation is nonexistent despite Kenyan authorities promising to crack down on academic writers several years ago.68 One potential solution to eliminating commercial academic cheating is solving the unemployment crisis. According to census statistics, about 40% of the 13 million youth in Kenya are jobless.69 The situation recently worsened due to the harsh economic climate and pervasive income inequality. Kenya’s education system trains workers and prioritizes white- collar jobs. Even those who yearn to start their businesses lack adequate capital and support. The government should encourage skill-based professions and place less emphasis on office jobs. Creating awareness of the most favorable countries to emigrate to and promoting legitimate remote work shall help reduce unemployment, ultimately reducing commercial academic cheating. As mentioned, the Kenyan education system focuses on imparting knowledge and overlooks character development. Morality greatly influences one’s beliefs, habits, and attitudes towards life.70 The role of a school is not only to make learners accumulate information but also to nurture them into well-cultured citizens.71 Writers in Kenya believe they are better off assisting students abroad to excel in their studies than indulging in criminal activities. Although the degree of damage is different, commercial academic cheating is still unethical. One writer states there is nothing the government or international bodies can do to curb commercial academic cheating, as writers are clever enough to bypass all restrictions.72 Learning institutions should promote character and integrity education to foster a morally upright society. 68 Gallant T, ‘A Bold Proposition: Withholding Foreign Aid to Tackle the Commercial academic cheating Problem’. 69 Alushula P, ‘Census: 39PC of Kenya Youth Are Unemployed,’ Business Daily, 19 September 2020 https://www.businessdailyafrica.com/bd/economy/census-39pc-of-kenya-youth-are-unemployed-2281430 on 13 September 2023. 70 Chang’ach J, ‘The Centrality of Character and Integrity Education in Kenya’s Institutions of Higher Learning,’48. 71 Chang’ach J, The Centrality of Character and Integrity Education in Kenya’s Institutions of Higher Learning,50. 72 Gitonga S, ‘Commercial academic cheating (from a Kenyan Youth’s View),’3. https://www.businessdailyafrica.com/bd/economy/census-39pc-of-kenya-youth-are-unemployed-2281430 14 1.9 Contribution Previous researchers working on eliminating commercial academic cheating have focused on implementing detection methods and prevention strategies that may make it impossible for students to outsource assignments.73 There needs to be more emphasis on why commercial academic cheating should be criminalized in the first place. Groves and Nagy suggest that meaningful change through a legal approach is only possible through a detailed exploration of wider influences and underlying motivations of commercial academic cheating.74 This is currently underway, but more research is required. This study shall be a unique contribution as it focuses on identifying and solving the challenges faced during implementation of legal and institutional reforms. It shall assist policymakers in fully understanding the problem by providing a different perspective for legislative reforms and potential solutions. I expect this work to be useful in other fields, such as labor law and human rights agencies, especially United Nations Educational, Scientific and Cultural Organization. 1.10 Methodology The study will consist of two main parts: the first outlining the dire need to criminalize commercial academic cheating in Kenya and the second detailing the limitations of the current legislative reforms and providing potential solutions. The qualitative research will primarily rely on secondary sources such as journal articles, working papers, book chapters, and other online websites. It will also focus on some primary sources, such as the TEQSA 2020.75I shall use a deductive approach to prove my hypothesis through the findings of my research questions. The first part shall outline the need to ban commercial academic cheating by focusing on its adverse effects on national values and individual labor rights, 73 Clarke R and Lancaster T, ‘Eliminating the successor to plagiarism? Identifying the usage of commercial academic cheating services,’12; Lancaster T and Clarke R, assessing commercial academic cheating through auction sites–a computing perspective,5; D'Souza, Daryl, Margaret Hamilton and Michael C. Harris, ‘Software development marketplaces: Implications for plagiarism.’ 74 Groves A and Nagy V, ‘Meaningful crime prevention or just an 'act’: discourse analysis of the criminalisation of commercial academic cheating services in Australia,’21. 75 Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020. 15 while the second part focuses on solving the challenges faced during implementation of legal reforms through solving the underlying issues behind commercial academic cheating. In part one on the consequences of commercial academic cheating, this study will look into the impact of commercial academic cheating and why it needs to be criminalized in Kenya. I shall use an ethical approach to explain why academic writers are comfortable with the practice despite its threat to academic integrity. Another approach in this section shall be reflections on interviews that depict the depth of writers’ perspectives and data collection to establish the prevalence of commercial academic cheating. Given the objectives, a qualitative case study method is the most appropriate. The study will then examine the discord in implementing the existing laws regarding commercial academic cheating through a comparative analysis focusing on Australia. I shall combine interpretive policy analysis and political discourse analysis to explore parliamentary discussions on the criminalization of essay writing services. Paying attention to parliamentary debates as a discourse analysis avenue is essential in identifying the weaknesses of the current legislative reforms. Interpretive policy analysis focuses on the performative nature of the policy. Through this method, this study shall identify the challenges of implementing reforms in actual cases and propose viable solutions. 1.11 Chapter Breakdown Chapter one of the study contains the research objectives, theoretical framework, and its justification, which is the foundation of the entire study. Chapter two focuses on the impact of commercial academic cheating on national values outlined in the Constitution of Kenya and makes a case for its illegalization. Chapter three examines the progress made by Australia in its legislative attempt to ban commercial academic cheating, including the successes and the challenges faced in this quest. Chapter four provides recommendations on Kenya’s legislative and institutional reform in outlawing commercial academic cheating. 16 Chapter five gives a summary of the findings, identify areas for further study and conclude the dissertation. 17 Chapter 2. A case for the illegalization of commercial academic cheating in Kenya 2.1 Introduction Commercial academic cheating is a great detriment to academic integrity worldwide. It occurs when students give out their assignments to third parties, usually found online, and submit the work as their own.76 This particular form of cheating poses significant harm to educational systems since it is difficult to detect, as verifying authorship of an assignment is nearly impossible.77 Moreover, there needs to be more research available on the supply end of commercial academic cheating, contributing to the inefficiency of the strategies towards curbing it. Over the years, higher education has led to a significant increase in annual revenue.78 However, the business has not only been propelled by publishing and software companies but also less licit ventures like commercial academic cheating.79 Commercial academic cheating, colloquially referred to as academic writing in Kenya, combines commercial plagiarism with the advanced digital gig economy, improving the undetectable nature of essay mills.80 This chapter explains why commercial academic cheating needs to be banned by outlining its adverse impact on Kenya’s national values, youth employment, and digital labor. 76 Walker M and Townley C, ‘Commercial academic cheating: a new challenge for academic honesty?’, Journal of Academic Ethics, Springer,24 February 2012,27 Commercial academic cheating: a new challenge for academic honesty? | Journal of Academic Ethics (springer.com) on 3 November 2023. 77 Walker M and Townley C, ‘Commercial academic cheating: a new challenge for academic honesty,27. 78 Walker C, ‘Understanding the ‘Supply End’ of Commercial academic cheating: A Kenyan Youth (Un)Employment Perspective’, Handbook of Academic Integrity,3 June 2023, 1 Understanding the ‘Supply End’ of Commercial academic cheating: A Kenyan Youth (Un)Employment Perspective | SpringerLink on 3 November 2023. 79 Comaroff J and Comaroff L, ‘Theory from The South: Or, How Euro-America is Evolving toward Africa,’ Paradigm Publishers,2012. 80 Newton P and Lang C, ‘Custom essay writers, freelancers and other paid third parties’, In T. Bretag (Ed.), Handbook of Academic Integrity,2016,2 http://link.springer.com/10.1007/978-981-287-079-7 on 3 November 2023. https://link.springer.com/article/10.1007/s10805-012-9150-y https://link.springer.com/article/10.1007/s10805-012-9150-y https://link.springer.com/referenceworkentry/10.1007/978-981-287-079-7_112-1#Sec5 https://link.springer.com/referenceworkentry/10.1007/978-981-287-079-7_112-1#Sec5 http://link.springer.com/10.1007/978-981-287-079-7 18 2.2 Commercial academic cheating context Commercial academic cheating or ghostwriting involves a student procuring the services of a third party fully aware of the transaction's proceeds to produce academic work.81 The student then submits the job to their institution as their own. There is a widespread misconception that it is a new form of academic dishonesty; however, it is probably one of the oldest types of academic misconduct.82 Technological advancement and global connectedness online have made it much easier for students to contact and transact with "academic writer from all corners of the world. Studies reveal that approximately 3.52%83 of students engage in it and over 60% of them are likely to contract their work multiple times.84 A crucial aspect of commercial academic cheating is producing original work, therefore undetectable through standard plagiarism detection applications. There are various ways in which commercial academic cheating transactions happen, which include discussion forums, auction sites, feed aggregators, and essay mills.85 The basic structure of these platforms is one writer site accompanied by several client sites that share identical IP addresses, indicating the likelihood of them operating as a single entity.86 Writer sites function and perform administrative roles such as order evaluation, payment processing, and customer service and support.87 The cost of an assignment varies depending 81 Ellis C, Zucker M and Randall D, ‘The infernal business of commercial academic cheating: understanding the business processes and models of academic custom writing sites’,14, International Journal for Educational Integrity,1,2018,1. 82 Bertram T, ‘Academic integrity in the twenty-first century: a teaching and learning imperative’, ASHE High Educ Rep 33,2008,43 https://doi.org/10.1002/aehe.3305 on 3 November 2023. 83 Newton P, ‘How common is commercial academic cheating in higher education and is it increasing?’ A systematic review, Frontiers in Education, 3,2018, 124. 84 Curtis G and Clare J, ’How prevalent is commercial academic cheating and to what extent are students repeat offenders?’ Journal of Academic Ethics, 15,2017, 117 https://doi.org/10.1007/s10805-017-9278-x on 3 November 2023. 85 Lancaster T, ‘The Phenomena of Commercial academic cheating’, Imperial College of London, January 2008,2 https://www.researchgate.net/publication/228492010 on 4 November 2023. 86 Ellis C, Zucker M and Randall D, ‘The infernal business of commercial academic cheating: understanding the business processes and models of academic custom writing sites’, 5. 87 Ellis C, Zucker M and Randall D, ‘The infernal business of commercial academic cheating: understanding the business processes and models of academic custom writing sites’, 5. https://doi.org/10.1002/aehe.3305 https://doi.org/10.1007/s10805-017-9278-x https://www.researchgate.net/publication/228492010 19 on the discipline, urgency, length, and academic level.88 Academic writing sites can be categorized into three distinct business models. A business model is the style of transaction components, structure, and control aimed at value creation by exploring business opportunities.89 Firstly, there is the instance where writers work as self-employed freelancers. Studies identify some writers as graduates residing in Kenya who claim to earn between $5000 and $14000 monthly.90 These figures are favorable compared to public service salaries of $500 per month and Kenya's gross national income per capita of $1300.91 The second model is that of an account owner who establishes a marketable online presence and takes a portion, usually 50%, of the money generated through client orders.92 Finally, there are master site owners who build and combine both writer and client sites at a fee. They create value by selling pre-tested web applications equipped with in-built business procedures and guidelines for using them.93 Understanding how commercial academic cheating occurs and is enabled through improved technology is crucial in understanding the issue's prevalence and why it needs to be mitigated as soon as possible. 2.3 Commercial academic cheating defying Kenya’s national values Commercial academic cheating raises a great deal of ethical concerns ranging from destroying the credibility of higher learning institutions and tarnishing the reputation of legitimate writing. Article 10 of the Constitution of Kenya outlines the national values and principles of governance which include integrity and sustainable development.94 These values are binding to all state organs and persons. In Kenya, the Ethics and Anti-corruption 88 Ellis C, Zucker M and Randall D, ‘The infernal business of commercial academic cheating: understanding the business processes and models of academic custom writing sites’, 10. 89 Amit R and Zott C, ‘Value creation in E-business’, Strateg Manag J, 2001,495 https://doi.org/10.1002/smj.187 on 3 November 2023 90 Bu X, ‘Commercial academic cheating’s African Labor’, The Chronicle of higher education, 28 August 2016 https://www.chronicle.com/article/Contract-Cheating-s-African/237586 on 4 November 2023. 91 Bu X, ‘Commercial academic cheating’s African Labor’,1. 92 Wolverton B, ‘The new cheating economy’, Chronicle of High Education,2016,2. 93 Ellis C, Zucker M and Randall D, ‘The infernal business of commercial academic cheating: understanding the business processes and models of academic custom writing sites’,17. 94 Article 10, Constitution of Kenya (2010). https://doi.org/10.1002/smj.187 https://www.chronicle.com/article/Contract-Cheating-s-African/237586 20 commission’s mandate is to combat and prevent unethical conduct in Kenya through promotion of standards and integral practices.95 Commercial academic cheating is an antithesis to national values as it compromises the integrity of educational institutions and the youth who provide such services. 2.3.1 Integrity Integrity, one of Kenya’s national values enshrined in the Constitution refers to the trait of being honest and having firm ethical principles. In the Constitutional Petition 93 of 2020, the court discussed integrity in the public service context revolving around contraventions of relevant rights and freedoms relating to it.96 The Leadership & Integrity Act refers to integrity as moral soundness and adherence to a moral code.97 Ghostwriting violates the dignity of an integral person and education institution since a student receives credit for another person’s effort.98 Moreover, commercial academic cheating is expressly prohibited by institutional codes of conduct therefore it demands secrecy and minimizing the risk of getting caught.99 By enabling students to submit work that is not their own, commercial academic cheating erodes the trust and credibility of educational institutions, jeopardizing the integrity of the Kenyan education system. The detrimental effects of commercial academic cheating on the nation's values are long term, potentially leading to a devaluation of academic qualifications. 2.3.2 Sustainable Development According to the Brundtland Commission, sustainable development is development that satisfies the needs of the current society without compromising the ability of coming generations to achieve their goals.100 The main objective of decent work is to achieve sustainable development highlighted under Sustainable Development Goal 8; promotion of 95 National Ethic and Corruption Survery, EACC Research Report, 13 May 2022, 2. 96 Dindi Oscar Okumu v Robert Pavel Oimeke & 5 others [2021] eKLR 97 Section 3, Leadership & Integrity Act (No 19 of 2012). 98 Makinda H, ‘Ethical Concerns in Ghost Writing’ in Obiora F and Mbae J (eds) Mainstreaming Ethics in Higher Education, 4ed, Global Ethics, Geneva,2019,421. 99 Walker C, The white-collar hustle: Academic writing & the Kenyan Digital Labour Economy’,162. 100 United Nations General Assembly, Report of the world commission on environment and development: Our common future,1987,43. 21 sustained and inclusive economic growth, wholesome and productive work for all.101 Chapter 3 of the Agenda 21 acknowledges the need to strengthen income generating schemes as a means of poverty eradication.102 It urges governments to establish direct and indirect structures for remunerative employment and productive job opportunities in line with the country’s endowment factors, on a sufficient scale to cater for prospective labor force increase.103 Academic writing is a risky affair which ultimately interferes with the concept sustainable development. 2.4 Commercial academic cheating as an antithesis to decent work Decent work widely refers to the combination of access to productive employment and qualitative aspects of work such as social protection, promotion of social dialogue and employment rights.104 The Constitution of Kenya provides for fair labor practices which are general ethical and equitable treatment of employees.105 Both concepts aim at promoting a work environment that ensures worker’s well-being and respects their dignity. Academic writing is regarded as a viable source of income in Kenya, with approximately 20,000 individuals actively participating.106 It is part of an extensive network of digital work, including transcription and content writing. The Kenyan government formally recognizes the proliferation of the digital economy through the Ajira Digital Platform launched in 2016.107 Ajira’s slogan, the future works online, seeks to establish Kenya as a labor choice destination for multi-national organizations to assist over a million youth in acquiring digital job slots. The prevalence of commercial academic cheating as a source of income may be attributed to improved access to higher learning without a proportionate increase in employment opportunities, leaving many educated youth jobless.108 Kenya’s developing economy has faced significant 101 United Nations, Employment, decent work for all and social protection, December 2022,1. 102 United Nations, Employment, decent work for all and social protection,1. 103 United Nations, Employment, decent work for all and social protection, 1. 104 Piasna A et al, ‘Decent Work: Conceptualization and Policy Impact’ Springer, 2020,1 https://doi.org/10.1007/978-3-319-71058-7_107-1 on 9 November 2023. 105 Article 41, Constitution of Kenya (2010). 106 Bu X, ‘Commercial academic cheating’s African Labor,’ 2. 107 Walker C, ‘Understanding the ‘Supply End’ of Commercial academic cheating,’3. 108 Walker C, Understanding the ‘Supply End’ of Commercial academic cheating,’3. https://doi.org/10.1007/978-3-319-71058-7_107-1 22 challenges absorbing the vast graduate population into the employment sector. This section highlights the dangers of commercial academic cheating in promoting decent work. 2.4.1 Digital Era in Africa Over the years, states across the globe have strived to make the world a global village through network expansions. Several global technology organizations are investing resources toward providing 5G internet connectivity worldwide to assist African nations struggling to upgrade their networks.109 This urgency stems from the probability that a considerable number of people in small economies lack the necessary opportunities to utilize their talents .110 Yet, there is a limited supply of such skills in developed nations. If global connectivity continues to develop, making interaction and communication across long distances easier, the volume of digital work shall increase expeditiously.111 Online labor is a range of services provided through a digital forum with no specific ties to location consisting of micro tasks that last a few hours or days and yearlong contracts.112 For most African countries, it involves transcribing, marketing, writing, and virtual assistance, mostly offered via platforms like Fiver and Upwork.113 These sites perform the same tasks as e-commerce platforms for goods; they bring together potential demanders and suppliers of certain services and take a share of the proceeds of the transactions taking place on the site.114 Online labor supply is more dispersed across low and lower-middle-income countries such as India, while demand is high in the West. Among African countries, Egypt and Kenya supplies the most labor, which is still a small percentage of India’s supply.115 Around 50 109 Melia E,’African Jobs in the Digital Era: Export options with a focus on online labor’ German Development Institute,3,2020,32 https://African%20jobs%20in%20the%20digital%20era/ on 4 November 2023. 110 Pinker S, ‘Enlightenment now: The case for reason, science, humanism, and progress’, New York, 2018,1. 111 Melia E,’African Jobs in the Digital Era: Export options with a focus on online labor’,32. 112 Melia E,’African Jobs in the Digital Era: Export options with a focus on online labor’,32. 113 Kässi O and Lehdonvirta V, ‘Online labour index: Measuring the online gig economy for policy and research. Technological Forecasting and Social Change’, 137(C), 2018,243 https://doi.org/10.1016/j.techfore.2018.07.056 on 8 November 2023. 114 Sundararajan A, ‘The sharing economy: The end of employment and the rise of crowd-based capitalism’ Cambridge, MA: MIT Press,2016,2. 115 Graham M et al, ’The Fairwork Foundation: Strategies for improving platform work,’ In Proceedings of the Weizenbaum Conference, Berlin,2019,6. https://doi.org/10.1016/j.techfore.2018.07.056 23 million registered online labor site account owners and about 10% seem to generate revenue.116 Kenyan youth consider commercial academic cheating a viable source of income,117 and it fits the above description of an online job. Studies classify ghostwriters as those established in Western countries, providers who outsource their contracts, and former Western education students who reside in their native countries.118 Academic writers in Kenya form a new category of workers who are unemployed graduates who have never gone abroad. Employment is widely considered an assurance of adulthood in contemporary society.119 The common narrative is young people in underdeveloped countries miss out on their youth hood since it is difficult to secure well-paying jobs.120 Educated youth have prestige reservations, which deters them from low-status jobs, inclining them towards micro- entrepreneurship and part-time employment.121 From this perspective, one can understand the attractiveness of digital labor, especially commercial academic cheating, where an individual can utilize their academic skills while receiving payment in a stronger currency.122 2.4.2 Promotion of Decent Work The International Labor Organisation defines decent work as one that delivers a fair and equitable income, under safe working conditions, promotes freedom of expression and prospects for personal growth.123 Decent work was a manifestation of ILO’s historical mandate of defending human and labor rights and the maintenance of newly created job 116 Graham M et al, ‘The risks and rewards of online gig work at the global margins’Oxford,Oxford Internet Institute,2017,5 https://www.oii.ox.ac.uk/publications/gigwork.pdf on 8th November 2023. 117 Walker C, ‘Understanding the ‘Supply End’ of Commercial academic cheating: A Kenyan Youth (Un)Employment Perspective’,7. 118 Sivasubramaniam et al, ‘A close encounter with ghost- writers: an initial exploration study on background strategies, and attitudes of independent essay providers’12, International Journal of Educational Integrity, 1, 2016,219. 119 Walker C, ‘Understanding the ‘Supply End’ of Commercial academic cheating: A Kenyan Youth (Un)Employment Perspective’,7. 120 Honwana A, ‘The time of youth: Work, social change, and politics in Africa’ Kumarian Press Pub,2012,5. 121 Serneels P, ‘The Nature of Unemployment in Urban Ethiopia. Development and Comp Systems’ University Library of Munich,2004,3. 122 Walker C, ‘Understanding the ‘Supply End’ of Commercial academic cheating: A Kenyan Youth (Un)Employment Perspective’,8. 123 ILO, Report I-AI International labour conference, Decent work. Report of the Director General, Geneva,1999,2. https://www.oii.ox.ac.uk/publications/gigwork.pdf 24 opportunities.124 Globalization and market liberalization pose a great danger on employment conditions hence the need for prioritization of decent work. The broad definition of decent work was necessary in incorporating the interests of ILO’S tripartite body; governments, unions and employers.125 Nonetheless, conflicts often arise when highlighting the elements of a good job.126 From adulthood to retirement, decent work is paramount to every individual’s wellbeing.127 Through education, skills and proper training, it is the best route to escape poverty. Decent work opens up new opportunities to global development through investment and entrepreneurial support.128 Moreover, it acknowledges human dignity as the center of work by guaranteeing adequate leisure time, safe working conditions, access to healthcare and compensation for loss.129 Poverty is a hindrance to prosperity in all societies hence decent work promotes peace and security. Social dialogue, one of the pillars of decent work, is fundamental to conflict resolution and creating cohesive societies.130 As mentioned above, defining a good job is often controversial. While higher wages are beneficial to workers, employers complain of limited employment generation. Some workers prefer stable jobs while others thrive on the flexibility of firing and hiring.131 However, in light of the constituents of decent work, ghost writing fails to fulfill the requirements. By its essence, commercial academic cheating demands secrecy; how then does a writer advance in their profession?132 George, a writer in Kenya, says that he has given 5 years to it and realizes the need to shift to something with growth opportunities rather than just money.133 Academic writing involves risks such as not getting paid and the risk of getting caught. 124 Piasna A et al, ‘Decent Work: Conceptualization and Policy Impact’ 2. 125 Piasna A et al, ‘Decent Work: Conceptualization and Policy Impact’ 2. 126 Sehnbruch K et al, ‘Human development and decent work: why some concepts succeed and others fail to make an impact’46, Dev Chang, 2,2015,199. 127International Labor Organisation, ‘Partnerships for Decent Work’ 2009,5 https://www.ilo.org/wcmsp5/groups/public/---dgreports/---exrel/documents/publication/wcms_173437.pdf on 9 November 2023. 128 International Labor Organisation, ‘Partnerships for Decent Work’ 5. 129 International Labor Organisation, ‘Partnerships for Decent Work’ 5. 130 International Labor Organisation, ‘Partnerships for Decent Work’ 5. 131 Piasna A et al, ‘Decent Work: Conceptualization and Policy Impact’ 5. 132 Makinda H, ‘Ethical Concerns in Ghost Writing’ 419. 133 Walker C, ‘The white-collar hustle: Academic writing & the Kenyan Digital Labour Economy’ 161. https://www.ilo.org/wcmsp5/groups/public/---dgreports/---exrel/documents/publication/wcms_173437.pdf 25 Writers mention deception by scammers who disappear after submission of the work and others encounter clients that intentionally reject papers but still access them without payment.134 Moreover, there is no platform to seek legal remedy when disputes arise between the client, the writer and the account owner. Such complications make academic writing a precarious job hindering ILO’s goal of promoting decent work. 2.5 Tax Evasion Tax evasion involves deliberately concealing and misrepresenting relevant information from tax authorities to reduce liability illegally.135 It is different from tax avoidance which is a legitimate means of reducing tax liability. Tax evasion is a major source of inequality compromising the redistribution objective of any country.136 When students engage in commercial academic cheating, they often make illicit payments to individuals or organizations offering academic ghostwriting services. These transactions typically go unreported, contributing to the underground economy and tax evasion. The consequences of such tax evasion are twofold: it deprives the government of essential tax revenue necessary for public services and infrastructure development, and it distorts the economy by fostering unfair competition among legitimate businesses that adhere to tax regulations.137 Tax evasion is a pandemic in developing countries as it brings a significant loss for the nations’ GDP.138 2.6 Conclusion Commercial academic cheating, commonly referred to as academic writing, happens when a student assigns their coursework to a third party and submits the purchased work as their 134 Walker C, ‘The white-collar hustle: Academic writing & the Kenyan Digital Labour Economy’ 161. 135 Kasibwa A, ‘Tax Avoidance and Tax Evasion: A Tale of Two Errors’ Kenya Revenue Authority,’2023,1 Tax Avoidance and Tax Evasion: A Tale of Two Errors - KRA on 9 November 2023. 136 Argentiero A et al, ‘Tax evasion and inequality: Some theoretical and empirical insights’ Economics of Governance,2021,309 https://doi.org/10.1007/s10101-021-00261-y on 9 November 2023. 137 Nola A et al, ‘The aggregate consequences of tax evasion’ Review of Economic Dynamics,40,2021,199. 138 AlAdham M et al, ‘Tax evasion and tax awareness evidence from Jordan’9, International Business Research, 12,2016,4. https://kra.go.ke/news-center/blog/1869-tax-avoidance-and-tax-evasion-a-tale-of-two-errors https://kra.go.ke/news-center/blog/1869-tax-avoidance-and-tax-evasion-a-tale-of-two-errors https://doi.org/10.1007/s10101-021-00261-y 26 own.139 Of all academic misconduct, it is the most dangerous as it is impossible to detect since the work is often plagiarism-free.140 Moreover, it is considered a viable source of income for unemployed youth in low-income countries such as Kenya.141 Commercial academic cheating is a threat to integrity and sustainable development through the promotion of decent work; hence, it should be criminalized. The next chapter shall assess the current legal reforms against it, focusing on Australia’s attempt. 139 Ellis C, Zucker M and Randall D, ‘The infernal business of commercial academic cheating: understanding the business processes and models of academic custom writing sites’1. 140 Lancaster T and Clarke R, ‘The Phenomena of Commercial academic cheating’ in Roberts S (ed), Student Plagiarism in an Online World: Problems and solutions, Hershey, Pennsylvania, 2007,2. 141 Walker C, ‘Understanding the ‘Supply End’ of Commercial academic cheating: A Kenyan Youth (Un)Employment Perspective’,7. 27 Chapter 3. An assessment of Australia’s progress in criminalization of commercial academic cheating as a basis for Kenya’s Law reform 3.1 Introduction University students often face immense pressure to balance school work and extra- curricular activities.142 Some students adopt commercial academic cheating as a coping mechanism, which involves a student contracting out or outsourcing their work to an outsider.143 Commercial academic cheating jeopardizes the integrity of a university and poses severe consequences to the students if caught.144 The Australian university system is known for its exceptional quality hence international students are drawn to Australia as a study-abroad location.145 In 2017, the higher education sector was Australia's largest services export business with an economic contribution of $20.7 billion.146 Reputational harm to the Australian higher education sector may lead to a decline in foreign enrollment, a decline in the value of Australian degrees on the global job market, a reduction in the mobility of Australian graduates from higher education abroad and ultimately a significant loss to its national economy.147 In light of this, Australia is among the few countries to enact concise laws criminalizing commercial academic cheating due to the increased reliance on 142 Winstone N, Balloo K, Gravett K, Jacobs D and Keen H, ‘Who stands to benefit? Wellbeing, belonging and challenges to equity in engagement in extra-curricular activities at university,’23, Active Learning in Higher Education, 2,2022,82. 143 Cortinhas C and Szabolcs D, ‘Prevention and detection of plagiarism in higher education: Paper mills, online assessments and AI,’ The Handbook for Economic Lecturers, 2023. 144 Kaktiņš L, ‘Commercial academic cheating advertisements: what they tell us about international students’ attitudes to academic integrity,’13, Ethics and Education, 2,2018, 270. 145 Explanatory Memorandum of Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Bill 2019, 2. 146 Australian Government Department of Education and Training, Export income to Australia from international education activity in 2017, June 2018,1. 147 Explanatory Memorandum of Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Bill 2019, 3. 28 essay mills globally.148 This chapter outlines the various provisions combating commercial academic cheating and the relevant offenses, providing a basis for Kenya's Law Reform. 3.2 Australian Legislation Students are now routinely targeted for cheating services through social media and on- campus advertisements.149 Specific campaigns for cheating services are saturating higher education providers' student bodies worldwide placing emphasis on the services' accessibility, low cost, and low chance of detection.150 The Panel pointed out that there was no legislation in Australia that forbids students from cheating on their coursework or that forbids companies from offering such services.151 The Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020 establishes the Australian’s Government decision to introduce deterrents to higher education third party academic cheating services.152 The Board, which advises the Commonwealth Minister of Education on issues pertaining to regulation and quality in higher education, suggested that legislation be enacted to make it illegal to arrange, provide, or advertise academic cheating services.153 Its recommendation was based on New Zealand's policy for barring academic cheating services.154 The Panel suggested that rather than focusing on students who may be using cheating services, regulations should address the behavior of those who offer such services although cheaters are still subject to the academic integrity policies and repercussions in their respective 148 Crook C and Elizabeth N, ‘How internet essay mill websites portray the student experience of higher education,’ The Internet and Higher Education,2021. 149 Lancaster T, ‘Social media enabled commercial academic cheating,’2, Canadian Perspectives on Academic Integrity, 2,2019,9. 150 Sivasubramaniam S, Kostelidou K and Ramachandran S,’A Close Encounter with Ghost-writers: An Initial Exploration Study on Background, Strategies and Attitudes of Independent Essay Providers,’ International Journal for Educational Integrity,12,2016,2. 151 Explanatory Memorandum of Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Bill 2019, 2. 152 Section 3, Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020. 153 Bradley D, Peter N, Helen N and Bill Scales, ‘Review of Australian higher education,’2008. 154 Section 292E, The Education Act 1989 NZ. 29 institutions.155 However, higher education providers will find it simpler to demonstrate to students, academic cheating services, and other stakeholders that engaging in cheating is not just unethical but also unlawful with the help of the new offenses established in the Act.156 3.2.1 Overview of the Act The Act carries out the Government's determination to enact legislation to stop the promotion and supply of academic cheating services in higher education, as recommended by the Higher Education Standards Panel. It designates the Tertiary Education Quality and Standards Authority as the agency responsible for enforcing the new legislation and widens the scope of its current responsibilities to include information gathering and criminal investigation. According to the act, it is illegal for someone to offer, provide, or arrange for a third party to deliver academic fraud services to a person working with a higher education provider for profit either physically or online.157 The maximum punishment for doing so is 500 penalty units, two years in prison, or both. Strong fines such as these are a necessary component of deterrence, which is a crucial element of the effectiveness of this legislation. Although the exact amount of money made by companies that provide cheating services is unknown, a 2018 study conducted in the UK found that the price of an undergraduate final year essay ranged from £170 to £370.158 A study from the University of Western Australia reveals that one in ten students purchase assignments or pay people to do online evaluations for them.159 This explains the $10 million to $23 million market in Australia for purchased assignments. 160 In light of these statistics, it is imperative that the Bill imposes a significant 155 Amigud A and Dawson P, ‘The law and the outlaw: is legal prohibition a viable solution to the commercial academic cheating problem?’ Assessment & Evaluation in Higher Education, 2019,99. 156 Explanatory Memorandum of Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Bill 2019,3. 157 Section 114A, Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020. 158 Explanatory Memorandum of Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Bill 2019,13. 159 Curtis G, ‘1 in 10 uni students submit assignments written by someone else and most are getting away with it,’ The Conversation, 30 August 2021,1 1 in 10 uni students submit assignments written by someone else — and most are getting away with it (theconversation.com) on 12 December 2023. 160 Bretag T, Harper R, Rundle K, Newton P, Ellis C, Saddiqui S and Haeringen K, ‘Commercial academic cheating in Australian higher education: a comparison of non-university higher education providers and universities,’ Assessment & Evaluation in Higher Education,2019,3. https://theconversation.com/1-in-10-uni-students-submit-assignments-written-by-someone-else-and-most-are-getting-away-with-it-166410 https://theconversation.com/1-in-10-uni-students-submit-assignments-written-by-someone-else-and-most-are-getting-away-with-it-166410 30 financial penalty to sufficiently discourage essay mills or individual freelancers from offering academic cheating services. The bill provides for strict liability and the physical element of circumstance in paragraphs (a) and (b) of section five's definition of an academic cheating service.161 This subsection eliminates any fault element that may be implied in the definition.162 Therefore, it suffices to show that an individual's conduct violated section 114A rather than proving they were at fault for breaking the law.163 If proof of wrongdoing was necessary, companies that offer cheating services may add disclaimers to their services even if they are aware that their services will be used to enable students to cheat on assignments.164 The business model of these companies already contains disclaimers of the kind that specify that the essay the customer has purchased is an example only or not to be submitted as the purchaser's own work.165 Preventing these kinds of possible loopholes is guaranteed through the application of strict liability. 3.2.2 Possible Offences Commercial academic cheating may be a violation of several laws, including those pertaining to fraud and proceeds of crime.166 These are indictable offenses in NSW, where the maximum sentences range from three to fifteen years in prison or a fine of $110,000.167 Since students are increasingly signing up for online programs or degrees that may be offered internationally it is common that the website where the contracts are established and the 161 Section 114A (2), Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020. 162 Section 114A(1)(a) and (b), Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020. 163 Explanatory Memorandum of Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Bill 2019,14. 164 Sutherland-Smith W and Kevin D, ‘You don’t always get what you pay for: User experiences of engaging with commercial academic cheating sites,’ Assessment & Evaluation in Higher Education,2019,1150. 165 Draper J, Victoria I and Philip M, ‘Are Essay Mills committing fraud? An analysis of their behaviours vs the 2006 Fraud Act (UK),’13, International Journal for Educational Integrity,1,2017,2. 166 Steel A, ‘Commercial academic cheating: Will students pay for serious criminal consequences,’ 42, Alternative Law Journal, 2,2017, 125. 167 David B, ‘Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales’, Federation Press, 2015, 963. 31 participants are in separate jurisdictions.168 Like other Australian jurisdictions, NSW resolves this problem by classifying any action that is forbidden as criminally punished by NSW courts if it is partially committed in the state or has an impact on the state.169 This covers anyone who offers assignment completion services internationally even if commercial academic cheating is not an offence in the recipient jurisdiction. Fraud which involves financial benefit from deception is the easiest offence to prove regarding criminalizing commercial academic cheating.170 It is likely that only the student could be charged with fraud since the preliminary requirement for establishing liability is the University’s belief that the work submitted was actually done by the Student.171 Essay writing sites often have disclaimers such as no refund for undesirable grades and limited use of the entire assignment to ensure they receive payment regardless of any unprecedented occurrence.172 This undermines the casual link between financial advantage and the Institution’s deception meaning causation has to lie in a more questionable position such as the student financial gain by decreasing the chances of failing a course.173 In Duncan v ICAC concealing the involvement of corrupt politicians in acquiring a mining lease was necessary to prevent the risk of shares dropping.174 In commercial academic cheating, submitting a low standard assignment or failing to submit at all leads to financial loss of retaking the unit hence the deception is necessary to avoid such.175 Forgery is another potential offense which is the creation or use of a fraudulent document with the goal to gain financially.176 Since the document is a commissioned assessment, it cannot be fraudulently created by the Operator or the Contractor. However, when the student includes their student number and name, the paper might then purport to be entirely 168 Newton P and Lang C, ‘Freelancers and Other Paid Third Parties,’3. 169 Steel A, ‘Commercial academic cheating: Will students pay for serious criminal consequences,’125. 170 Section 192D and 192E, Crimes Act (1900) NSW. 171 Section 192B(I)(b), Crimes Act (1900) NSW. 172 Steel A, ‘Money for Nothing, Cheques for Free? The Meaning of ‘‘Financial Advantage’’ in Fraud Offences,’31, Melbourne University Law Review,1, 201,2007,1. 173 R v Ho & Szeto (1989), New South Wales Court of Appeal. 174 Duncan v Independent Commission against Corruption (2015), High Court of Australia. 175 Steel A, ‘Commercial academic cheating: Will students pay for serious criminal consequences,’125. 176 R v Sewell (2001), New South Wales Court of Criminal Appeal. 32 created by the student.177 Even in situations where the student creates the submitted document themselves by printing it, it is arguable that the contents of the paper amount to forgery since it relies on a third party’s efforts.178 The prosecution would additionally have to prove that the student created or utilized the false document with the knowledge that the university would accept it as authentically written by the student in addition to proving this.179 Another offense is conspiracy to defraud which is proven when individuals agree to deliberately use dishonest tactics to achieve a specific outcome that jeopardizes fulfilling a public duty, the economic interests of the parties involved, or their existing legal rights.180 There is no need for evidence of deceit to be proven, and the conspirators' planned objective can be entirely lawful establishing the basis for criminal responsibility as the deliberate and broadly defined employment of dishonest means.181 The courts recognize the possibility of a conspiracy even when the parties are strangers.182 Arguably, all parties understand that the work will be or is likely to be submitted to a University, despite any contractual provisions claiming to avoid liability.183 Additionally, the submission would compromise the university's interests in fairly and rigorously evaluating its students' performance to award degrees accordingly.184 3.3 Conclusion In conclusion, Penalties, including fines, academic and legal repercussions might serve as a disincentive to prevent commercial academic cheating.185 Kenya may consider adopting strict responsibility, which would hold people responsible for commercial academic cheating 177 Steel A, ‘Commercial academic cheating: Will students pay for serious criminal consequences,’126. 178 Attorney General’s Reference (No 1 of 2000), WLR. 179 R v Sultan (2008), New South Wales Court of Criminal Appeal. 180 Peters v R (1998), Commonwealth Law Reports. 181 Spies v R (2000), Commonwealth Law Reports. 182 Gerakiteys v The Queen (1984), Commonwealth Law Reports. 183 Steel A, ‘Commercial academic cheating: Will students pay for serious criminal consequences,’127. 184 DPP v Shaw (2013), The State Circuit Court of Appeals. 185 Explanatory Memorandum of Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Bill 2019,13. 33 regardless of their intention, after taking inspiration from Australia's legal system.186 This legal idea, which is reflected in Australian laws, simplifies the judicial system and increases the deterrent effect by placing the burden of proof on individuals engaging in commercial academic cheating rather than higher learning institutions.187 Kenya can enhance its measures against commercial academic cheating and pre