The student was awarded Ksh 4.2 million for the incident of flogging in a case of alleged misconduct.
A student in a private primary school was reportedly beaten by two teachers, a case in which the court ruled that children’s rights were violated in the process.
In a verdict handed down on Thursday, December 16 by Judge James Makau, the court found that the case had resulted in injuries to the child and revealed that his right had indeed been violated.
“After examining the application, the investigation and the relevant laws, as well as the documents provided in support of the application and identifying the injuries sustained by the child, I am satisfied that the applicants have shown and confirmed that the child’s rights were violated by the interviewees.
“The applicant (student) is entitled to compensation of Ksh 4 million,” Judge Makau said.
The legal dispute also saw the judge reward the student’s parents with Ksh 200,000 for their difficulty finding a new school and helping him recover from the trauma caused by the incident.
“Applicants (parents of the student) receive Ksh 200,000 for violations of their rights to be paid jointly by the successor and the respondent”, said Judge Makau.
The case was filed by the student in March 2021 after he said his house appeared to be dilapidated and not foam. That same evening, he informed his parents that he had been beaten without revealing the reason for his execution.
According to court documents, the child presented the injuries to the body indicating the magnitude of the case. The incident was reported at Soweto Police Station, but nothing happened.
After failing to seek justice, the parents appealed to the constitutional court. The parents told the court that the child refused to go to school for fear of being expelled from school.
The student continued to suffer mental anguish after failing to obtain a transfer letter from the institution. They described all the incidents as cruelty, cruelty, torture, brutality and humiliation for the child.
The school responded by saying that the boy’s parents had dropped the complaint at the police station.
At the same time, he claimed that his teachers disciplined the infant with the consent of his parents.
“Respondents also did not refuse to issue a letter that adversely affected the child’s dignity and, as a result, could not find another school that jeopardized his right to education.
“In my opinion, on the basis of the rules mentioned and the evidence provided by the petitioners, I see no doubt that the defendants violated the rights of the minor child as stated in the petitioners’ application,” noted Chief Justice.
The incident comes as education stakeholders are considering reinstating corporal punishment in schools due to the growing cases of misconduct in schools.