A teacher from Nyamira has been fined Kes.300,000 for caning a pupil 107 times, with a three-year jail term in place if he fails to pay the fine.
The court dropped the attempted murder charge that was initially brought against the teacher by the prosecution.
The incident occurred on March 26, 2023, when the teacher allegedly beat the minor severely for misplacing his school uniform. Investigating officers initially filed assault charges, but after reviewing the case, the Director of Public Prosecutions (DPP) upgraded the charges to attempted murder.
However, in her ruling, Keroka High Court Magistrate Eunice Nyuthu acquitted 29-year-old Jackson Marucha of the attempted murder charge, stating that the evidence presented was insufficient to support such an accusation.
“I’m satisfied that while the evidence cannot sustain the charge of attempted murder, it does support charges of unlawful wounding under the Penal Code and cruelty to a child under the Children’s Act,” Magistrate Nyuthu ruled.
Magistrate Nyuthu determined that the charge of cruelty to a child was more appropriate, as the teacher had breached his duty and caused bodily harm to the pupil.
“This amounts to a criminal offense for which I find him guilty,” she added.
The Constitution, under Article 29(e), prohibits corporal punishment, underscoring the severity of the teacher’s actions.
In her final judgment, Magistrate Nyuthu acquitted the teacher of attempted murder but found him guilty 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 Ksh300,000, in default three years imprisonment,” the magistrate ruled.
The teacher was informed of his right to appeal the verdict within 14 days.
The minor’s family expressed dissatisfaction with the sentence and announced plans to appeal the punishment.
