Teacher Fined Ksh 300,000 for Caning Student 107 Times After Acquittal on Murder Charges
A court in Nyamira has sentenced a 29-year-old teacher to either pay a fine of Ksh 300,000 or serve three years in prison after being found guilty of child abuse for caning a student 107 times.
The Keroka High Court, presided over by Magistrate Eunice Nyuthu, acquitted the teacher of murder charges brought by the Office of the Director of Public Prosecutions (ODPP), citing insufficient evidence to support the claim.
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“I am satisfied that while the evidence does not sustain the charge of attempted murder, it does support the offenses of unlawful wounding under the Penal Code and cruelty to a child under the Children Act,” Magistrate Nyuthu ruled.
Although the murder charges were dismissed, the court held the teacher accountable for violating laws against corporal punishment, a practice prohibited by the Kenyan Constitution.
“The accused breached his duty by assaulting the complainant and causing bodily harm. This constitutes a criminal offense, and I find him guilty,” the Magistrate stated.
She further sentenced him to a fine of Ksh 300,000 or a default sentence of three years imprisonment, with a 14-day window to appeal the ruling.
The student’s family expressed dissatisfaction with the sentencing, indicating plans to challenge the decision.
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The incident occurred on March 26, 2023, when the teacher punished the pupil with a plastic pipe for allegedly misplacing his school uniform.
A medical report revealed that the student suffered a hematoma, a potentially life-threatening condition involving clotted blood in tissues, which could have proven fatal without immediate medical attention.
While the ODPP initially pressed murder charges, the court deemed the evidence insufficient, prompting the lesser conviction of child cruelty and unlawful wounding. The prosecution had argued that the severe punishment could have had fatal consequences.
