Written by Yvonne Misando
Corporal punishment, or physical punishment, is still a major problem in Kenyan schools, even though it was made illegal over 20 years ago. The law, specifically the Children’s Act of 2001 and the Basic Education Act of 2013, says it is forbidden. The law has a clear penalty: a fine of up to KES 100,000 or up to six months in prison for anyone who subjects a child to such punishment.
There have been cases where teachers have faced penalties, although they may not be widely reported or lead to a complete stop of the practice across the country. One notable example occurred in Nyamira County, where a teacher was sentenced to three years in prison or a fine of Ksh. 300,000 for caning a 9-year-old student 107 times. This shows that the legal system can and does act on violations of the law against corporal punishment. This shows a big difference between what the law says and what actually happens. A recent incident at St. George’s Girls Secondary School in Nairobi, where a teacher allegedly beat a student, caused a student protest and the school had to close. This is a clear example of the problem.
The law is very clear. Section 36 of The Basic Education Act 2013 says no one should use physical or mental punishment. If they do, they could be fined up to KES 100,000 or go to jail for six months. This rule follows international laws on human rights, like the UN Convention on the Rights of the Child, which Kenya agreed to follow.
Despite these laws, many people in Kenya still think physical punishment is a good way to discipline children. Many teachers and parents believe the saying, “spare the rod, spoil the child,” which keeps this cycle of violence going. A study from 2019 found that many Kenyan adults still think physical discipline is needed to raise children properly. This belief, along with the fact that the laws are not strictly enforced, makes the problem worse.
The long-term effects of corporal punishment on children are well known and harmful. Scientific research shows that hitting a child has no positive effects. Instead, it leads to negative outcomes, such as mental health issues like depression and anxiety, increased aggression, and problems with thinking and learning. The St. George’s incident shows how using physical punishment to create discipline can backfire. It created a hostile environment that led to more misbehavior and protest from the students.
To fix this issue, we need to do a few things. First, the laws must be enforced strictly, and those who break them should be held responsible. At the same time, society’s attitude toward child discipline needs to change. Teachers should be taught different ways to discipline students that don’t involve violence, like using positive rewards, counseling, and having students help solve problems. The government and schools need to invest in training programs that focus on modern, non-violent ways of managing behavior.
By working together, parents, teachers, and leaders can create safe and supportive school environments where children can learn and grow without the fear of violence. This will help ensure that corporal punishment is finally a thing of the past.