A court on Thursday, December 16, 2021, awarded a student a Ksh4.2 million compensation following a caning incident.
The primary pupil who attends a private school was caned by two teachers over alleged indiscipline. The court determined that the pupil's rights were abused.
In his ruling, Justice James Makau noted that the minor suffered injuries and that his rights were infringed in the process.
A teacher caning a pupil. |Photo| Courtesy|
“Upon consideration of the pleadings, submissions and relevant laws, and exhibits produced in support of the petition and noting the injuries suffered by the minor, I am satisfied that the petitioners have demonstrated and proved the minor's rights were violated by the respondents.
"The petitioner (student) is entitled to an award of damages of Ksh4 million,” Justice Makau ruled.
The minor's parents were also awarded Ksh200,000 for the troubles they underwent in finding the pupil a new school and helping him heal 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 case was filed by the pupil in March 2021 after he came home from school and appeared disturbed. The told his parents that he had been caned without cause.
Court papers indicated that the minor suffered injuries to the body. The incident was then reported at Soweto Police Station but no action was taken.
The parents moved to a constitutional court after they were denied help. They told the court that the minor refused to go to school out of fear.
They stated that the pupil suffered mental torture after he was denied a transfer letter from the school.
The school told the court that the boy’s parents had withdrawn the complaint at the police station.
It further stated that the teachers disciplined the minor with the consent of his parents.
“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.
“In my view, based on the cited laws and the evidence adduced by the petitioners, I find that there is no doubt that the respondents violated the minor's rights as alluded to in the petitioners pleadings,” Justice Makau said.
This comes at a time when education stakeholders in the country are mulling the reintroduction of caning in schools following the growing incidents of indiscipline in schools.
Over the last couple of weeks, several fire incidents have been reported in various schools across the country.
This has led discussions about bringing back the cane to instill discipline among learners.
