Teacher handed 3-year jail term for caning pupil

A teacher in Nyamira has been fined Sh300,000 for caning a pupil 107 times failing which he will serve a three-year jail term.

The court in delivering its verdict dropped the charge of attempted murder that had been preferred against the teacher by the prosecution.

Keroka High Court Magistrate Eunice Nyuthu in acquitting the 29-year-old teacher cited insufficient evidence to support the charge of the attempted murder against teacher Jackson Marucha.

Ï'm satisfied that even though the evidence tendered in court cannot sustain the charge of attempted murder, it nevertheless supports the charges of unlawful wounding under the penal code and cruelty to a child under the Children’s Act,” the magistrate ruled.

The prosecution told court that the incident happened on March 26, 2023.

The teacher handed the minor the severe beating for allegedly misplacing his school uniform.

The investigating officers filed assault charges against the teacher but after the perusal of the case file, the Director of Public Prosecutions (DPP) enhanced the charges to attempted murder.

However, while delivering her verdict, magistrate Nyuthu said she found that the charge of cruelty to a child was more appropriate as the accused person breached his duty and assaulted the pupil, thereby occasioning him bodily harm.

“This amounts to a criminal offence for which I find him guilty,” she said.

The constitution under Article 29(e) prohibits corporal punishment to all persons.

Ïn the circumstances I hereby acquit the accused person on the charge of attempted murder but nevertheless find him guilty for the offence of cruelty to a child. To serve as a deterrent to other like-minded persons, and also considering that the accused person is a first time offender, he’s hereby sentenced to a fine of Sh300,000, in default three years imprisonment,” the magistrate ruled.

Magistrate Nyuthu said the teacher has a right of appeal within 14 days.

Speaking after the verdict, the minor’s family, however, expressed discontentment with the punishment meted against the teacher and said they will appeal the sentence.