A parent is asking the High Court to outlaw corporal punishment in schools and compel the Teachers Service Commission (TSC) to come up with a policy to ensure it is completely eliminated.
The parent, only identified as CAK in court papers, also wants compensation and apology for the caning of her child. The apology is to be published in a newspaper.
CAK says in the suit against three teachers - Emily Kulola, Ann Wanjiru and Peterson Gichuki - board of management of ACK Thika Memorial Church School and TSC that teachers are never punished for caning students.
Through lawyer John Chigiti, the parent argues that the right of her child to education, good health and protection against harm were infringed when he was punished, forcing her to transfer him to another school.
“On or about January 2016, the first respondent (Kulola) used excessive force and malice in viciously beating the child with her bare hands and pinched him with her fingers and nails and on the inner arm, breaking his skin and causing the minor a lot of pain, bruises bleeding and harm,” she claims.
The government banned corporal punishment in schools in 2012 and drew up a law to protect children against abuse. But punishment of students through such measures as kneeling down, forced manual work, caning, slapping, pinching and pulling of ears is still common.
According to CAK, her child had to stay at home for three days nursing the injuries. She alleges that her child had lost the use of his hand. She says she was offered Sh8,500 as compensation for her silence and an apology letter from the teacher admitting the assault.
“Instead of taking up the issue seriously, the headmaster, who is the third respondent (Gichuki) mocked the mother that she was leaving the child in school yet the teacher had paid the cost of treatment,” Chigiti says in the court papers.
“The child started wetting his bed, being jumpy and withdrawn and was often sickly. The minor later said he was being beaten daily, at times by several teachers,” read the court papers.
CAK claims she incurred Sh500,000 in hospital bills and taking care of her child after the incident. “The petitioner prays for an order compelling TSC to draw a policy that eliminates corporal punishment,” the papers read.
The respondents are yet to file their responses.
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