The Lower Eastern Times Opening The Third Eye
Related Articles
A teacher in Nyamira has been sentenced to a fine of Sh300,000 or a three-year prison term for caning a pupil 107 times. If the teacher fails to pay the fine, he will serve the prison sentence.
The court dismissed the attempted murder charge that had been brought against the teacher, Jackson Marucha, due to lack of sufficient evidence. Keroka High Court Magistrate Eunice Nyuthu stated that although the evidence could not support the attempted murder charge, it was sufficient to prove the charges of unlawful wounding and cruelty to a child.
The incident occurred on March 26, 2023, when the teacher severely beat the pupil for allegedly misplacing his school uniform. Initially charged with assault, the case was later upgraded to attempted murder by the Director of Public Prosecutions (DPP). However, Magistrate Nyuthu found the charge of cruelty to a child to be more appropriate, as the teacher violated his duty and caused bodily harm to the pupil.
The magistrate noted that the Constitution, under Article 29(e), prohibits corporal punishment. In light of this, she acquitted the teacher of attempted murder but convicted him of cruelty to a child, sentencing him to a fine of Sh300,000 or three years in prison. Since this was his first offense, the fine was imposed as a deterrent. The teacher has the right to appeal the ruling within 14 days.
The minor’s family expressed dissatisfaction with the sentence and stated their intention to appeal the verdict.
