Primary School Student awarded Ksh4.2 million for caning incident.
A student was awarded Ksh4.2 million in compensation for a caning incident that occurred during an alleged indiscipline case.
A primary school student from a private school was allegedly caned by two teachers, and the court determined that the child’s rights were violated during the process.
The court noted in a ruling delivered on Thursday, December 16, by Justice James Makau, that the incident inflicted injuries on the minor and demonstrated that his rights were indeed violated.
After reviewing the pleadings, submissions, and relevant laws, as well as the exhibits produced in support of the petition, and taking into account the minor’s injuries, the judge was satisfied that the petitioners demonstrated and proven that the respondents violated the minor’s rights.
“The petitioner (student) is entitled to an award of damages of Ksh4 million,” ruled Justice Makau.
During the legal battle, the Judge also awarded the student’s parents Ksh200,000 for their difficulties in finding a new school and assisting him in healing from the trauma caused by the incident.
“The petitioners (student’s parents) are awarded Ksh200,000 for the violation of their rights to be paid by the respondent jointly and respectively,” Justice Makau ruled.
The student filed the case in March 2021, after he returned home looking disturbed and not bubbly. That same evening, he informed his parents that he had been caned without revealing the reason for the corporal punishment.
According to court documents, the minor sustained some bodily injuries, indicating the gravity of the incident. The incident was then reported to the Soweto Police Station, but no action was taken.
After failing to obtain justice, the parents took their case to a constitutional court. The parents told the court that the minor refused to attend school because he was afraid of being eliminated.
After failing to obtain a transfer letter from the institution, the student was subjected to additional mental torture. They described the entire situation as violent, cruel, torturous, inhumane, and degrading to the child.
According to the school, the boy’s parents withdrew their complaint at the police station.
At the same time, it claimed that its teachers were instilling discipline on the minor with his parents’ permission.
“The respondents have also not denied issuing a letter that negatively impacts on the minor’s repute and as a result, he has been unable to find another school jeopardising his right to education.
The incident occurs as education stakeholders consider reintroducing corporal punishment in schools in response to rising cases of indiscipline.
Nicholas Maiyo, chair of the Kenya National Association of Parents, argued that caning should only be reinstated in schools if teachers are not allowed to administer it.
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George Omore Magoha, Cabinet Secretary for Education, has rejected the proposal.
“We can only allow once we have agreed who will cane the child but not the teacher because they harm our children,” said Maiyo.
The Children’s Act of 2001 protects children from all forms of abuse and violence. This safeguards the students against any form of injurious punishment.
