A teacher from Nyamira has been fined KES 300,000 after being found guilty of caning a pupil 107 times in a disturbing incident that occurred on March 26, 2023. The teacher, Jackson Marucha, was initially charged with attempted murder, but the Keroka High Court, led by Magistrate Eunice Nyuthu, dropped the more severe charge, citing insufficient evidence. Instead, Marucha was convicted of cruelty to a child and unlawful wounding.
According to the case details, the teacher allegedly beat the minor severely for misplacing his school uniform. Investigating officers originally filed assault charges, but the Director of Public Prosecutions (DPP) upgraded the charges to attempted murder, given the extent of the injuries sustained by the child.
However, in her ruling, Magistrate Nyuthu explained that while the evidence was insufficient to prove attempted murder, it clearly supported the charges of cruelty to a child and unlawful wounding.
“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 stated.
Under Kenya’s Constitution, specifically Article 29(e), corporal punishment is prohibited, making the teacher’s actions not only a violation of the pupil’s rights but also an illegal act. The court, in its final judgment, sentenced Marucha to a fine of KES 300,000, with a three-year prison term in default. Despite being a first-time offender, the severity of the punishment was intended to serve as a deterrent to others who might contemplate similar behavior.
However, the minor’s family expressed their dissatisfaction with the verdict, labeling the fine as insufficient given the traumatic experience their child endured. The family plans to appeal the sentence, seeking justice for the child’s suffering.
