A Keroka Law Court has jailed a primary school teacher for 3 years after finding him guilt of caning his pupil 107 strokes of the cane and causing grievous harm.
Court Magistrate Eunice Nyuthu found Jackson Mobisa Marucha, 29, of Riang’ombe Primary School in Nyamira County guilty to serve the term or pay a fine of Ksh300,000, allowing him 14 days to appeal the sentence.
The magistrate exonerated him of attempted murder charges, citing insufficient evidence presented by the prosecution to support the charge.
“I am satisfied that even though the evidence adduced in court cannot sustain the charge of attempted murder, it nevertheless supports the penal code of cruelty in the Children Act,” she said.
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The court found the accused guilt of child abuse because he acted against the constitution that does not allow corporal punishment on children.
The court had heard that on March 26 2023, the teacher who was a boarding master punished the minor for misplacing his school uniform and caused him bodily harm.
His heinous offence of using a plastic pipe to inflict pain on his pupil forced the prosecution to recommend him to be charged with assault, but the ODPP preferred that he be charged with murder.
Evidence based on medical reports revealed that the victim suffered blood clots in the body tissues.
The magistrate said that the offence was grievous on the pupil; therefore, the accused had to be sent to prison to signal a warning to any teacher who might be found abusing the children under their care.
Responding to the judgement, the parents and relatives of the accused expressed their dissatisfaction and revealed their intention to appeal against the ruling.
By Enock Okong’o
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