A teacher at Riang’ombe SDA Primary Boarding in Nyamira County has been handed a three-year prison sentence or an alternative fine of Ksh. 300,000 for assaulting a 9-year-old pupil in a shocking case that has drawn widespread condemnation. The ruling was delivered by Keroka High Court Magistrate Eunice Nyuthu on November 20, 2024.
The teacher, 29-year-old Jackson Mobisa Marucha, was found guilty of assault after caning the pupil, Titus Ondari, 107 times on March 26, 2023. The punishment was reportedly meted out because the child misplaced his school uniform.
Brutal Punishment Sparks Outrage
The incident, which left the young boy with severe injuries, has been described as one of the most severe cases of corporal punishment in recent memory. Reports indicate that the child suffered multiple bruises and psychological trauma from the ordeal. Following the assault, Marucha evaded authorities by going into hiding for three days, only to be arrested after a search by law enforcement officers.
Investigating officers, Constable Robert Mutua and Sergeant Danson Murithi, initially filed assault charges against the teacher. However, due to the severity of the injuries, the Office of the Director of Public Prosecutions (ODPP) escalated the charge to attempted murder.
Attempted Murder Charge Dismissed
In court, the attempted murder charge faced a significant hurdle. Magistrate Nyuthu acquitted Marucha of this charge, citing insufficient evidence from the prosecution to prove intent to kill. The magistrate noted that while the assault was egregious, the lack of a clear motive for attempted murder weakened the prosecution’s case.
Nonetheless, the assault charge stood, and Marucha was convicted. He was given the option of serving a three-year prison term or paying the fine.
Dissatisfaction Among the Victim’s Family
The family of the young boy expressed dissatisfaction with the court’s decision. Speaking to the media outside the Nyamira law courts, the boy’s relatives voiced their disappointment, particularly with the dismissal of the attempted murder charge. The family argued that the severity of the punishment and the long-lasting impact on the child’s physical and emotional well-being warranted a harsher penalty.
“The evidence was clear. Our son endured unimaginable pain, and we feel justice has not been fully served,” said a family spokesperson. They announced their intention to appeal the verdict, seeking a stiffer punishment for the teacher.
Corporal Punishment in Schools: A Persistent Problem
This case has reignited debate over the use of corporal punishment in Kenyan schools, which has been outlawed since 2001 under the Children’s Act. Despite the ban, incidents of physical punishment continue to surface, often leading to dire consequences for the victims.
Child rights activists have condemned the incident, calling for stricter enforcement of the ban on corporal punishment. They argue that such cases highlight the need for enhanced training for teachers on alternative disciplinary methods and stricter monitoring mechanisms to prevent abuse.
Calls for Institutional Reforms
Education stakeholders have called on the Ministry of Education to implement more robust measures to protect children in schools. These include regular inspections, increased awareness campaigns on children’s rights, and harsher penalties for educators who violate the law.
“This is not just about one teacher; it’s about a system that has failed to fully eradicate harmful practices in our schools. Every child deserves to feel safe in their learning environment,” said a representative from the Kenya National Union of Teachers (KNUT).
Moving Forward
As the victim’s family prepares to challenge the ruling, the case remains a stark reminder of the enduring challenges in safeguarding children’s welfare in schools. While the sentencing may provide some closure, the broader issue of ensuring justice and preventing similar incidents requires sustained effort from all stakeholders.
For Titus and his family, the journey to healing will take time. Meanwhile, the education sector faces renewed scrutiny, with this incident serving as a call to action against corporal punishment and the protection of children’s rights.
