The two teachers together with of a private school in Nairobi have been fined Sh4.2 million for caning and harming a student over what they said was an indiscipline case.
The court observed that the pupil’s rights had been abused and was given a Sh4.2 million compensation to be paid by the two teachers involved and the school.
Considering the physical harm caused to the minor, I am convinced that the complaints have shown that the minor’s rights were abused by the respondents.
The minor is therefore awarded a Sh4 million compensation,” said Justice James Makau.
The justice additionally granted the parents of the victim Sh200,000 for the difficulty they went through trying to find another school for the minor and to physically and mentally take care of their child.
“The parents are granted Sh200,000 for the abuse of their rights,” Justice Makau added.
The court learned that the child came home with physical injuries and after his mother asked what had occurred, the minor told her that the two teachers had caned him for unclear reasons. Consistent with the minor’s statement, his body bore marks from the beating.
According to the parents, the minor wouldn’t return to school out of the much fear that he would be killed and he had bad dreams about the incident.
The parents decided to move him out of the primary school but the school management wasn’t helpful in giving them a transfer letter.
As per the guardians, the torture and the school’s reluctancy was cruelty and torment to their child.
This, they said, was against the rights of the minor and against the International Conventions on children.