A video is circulating online of a primary school pupil decrying an inhuman corporal punishment at his school over what he termed as ‘poor performance.’

The class 8 candidate at Nyamninia primary school in Yala, Siaya county, was filmed narrating how he was inhumanly whipped by two teachers for failing to obtain 400 marks in an exam.

“Nimejaribu kuvumilia lakini hata ukivumilia ndio wanazidi kukuchapa (I have tried to persevere but the more I persevere the more I’m beaten,” said the boy while sobbing.

The Ministry of Education had banned corporal punishment in schools in 2001, and no teacher is expected to conduct it under whichever circumstance.

Even though the act is unlawful under the Constitution and is prohibited in the Basic Education Act, 2013, it is still persistent most schools.

The boy in the video said he was contemplating dropping out of school or even worse, end his life as he cannot take the punishment anymore.( click here to watch the video)

“Nimevumilia 11 years in that school na mimi sasa nimechoka. Afadhali sasa hata ujiue kuliko kufikiria vitu mingi (I have persevered for 11 years in that school. I would rather end my life than think about a lot of things),” he said.

In the undated video, the boy displayed the injuries left on his back and thighs following the whipping.

“Due to 400 marks, nachapwa hivi. I think I should be able to achieve what I have already gotten but now if they want to force 400 in me and I can’t achieve it what will I do?” he posed.

The boy who was narrating his ordeal to what appeared like casual labourers at a construction site was in socks but without shoes.

Asked what happened to his shoes, he said he ran and left them behind as the teachers called for reinforcement to continue whipping him.

He said he has not known peace at the school since the corporal punishment started.

The boy further revealed that his predicament has been worsened by the fact that food rations at the school are too small.

“Sijakula. Kama wamepakuwa na teacher anasema ati urudishe hiyo chakula ni mingi. Chakula ni tu kidogo hushibi, kiboko pia ndio hizo unagongwa tu saa zote.”

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(I haven’t eaten. When food is served, the teacher says you should reduce it because it’s a lot. The food is little and the whipping happens all the time)

Education Cabinet Secretary George Magoha has said on numerous occasions that no child should be made to repeat a class on the basis of poor performance.

He said the Competency Based Curriculum (CBC) was introduced primarily to cure the habit of children cramming concepts purely for purposes of passing exams and not acquiring skills.

Teachers can get a sigh of relief after Kenya’s Chief Justice (CJ),Hon. Martha Koome, said that cases of parents suing teachers after giving punishments such as canning to unruly students in school will see no light in the courts.

The CJ while speaking at Loreto Girls Secondary School said such cases will be dismissed and with a cost as cases of unruly students in schools are on the rise due to luck of punishments.

She further stated that any kind of indiscipline in school should not be tolerated and that every parent should take the responsibility of raising morally upright children.

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“We do not encourage indiscipline at all, we have the obligation to bring up our children, to encourage them and support them,” CJ Koome said.

This will be a relief to teachers who are facing court cases over punishment of students in school but she however reiterated that teachers should

follow the available guidelines when it comes to punishments, otherwise they will be dealt with in accordance with the law.

“Whoever violates a girl child or a boy child will be imprisoned for 20 years to pay for the pain and the agony that they caused the victims,” said the CJ.

Corporal punishment in Kenyan schools is illegal under the 2010 Constitution, unless if limited.

Constitutional lawyer and Law Society of Kenya president Nelson Havi says the reintroduction of corporal punishment could be long and complex.

He says Chapter Four of the Constitution, the Bill of Rights, outlaws corporal punishment. It is a protected chapter.

The law states that every person has the right to freedom and security of the person, which includes the right not to be subjected to corporal punishment.

Havi says to amend the Bill of Rights, Kenya has to hold a referendum.

“A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment touches on… the Bill of Rights,” the Constitution states.

There are those who think the education system has refused to meet students halfway.

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Others believe the children are simply aping what they see in society, while others see it as just plain notoriety that should be met with equal measure.

Corporal punishment in school is further outlawed under the Children Act, which states that “no child offender shall be subjected to corporal punishment.”

Human rights lawyer Njoroge Kimani says the Bill of Rights applies to all laws and binds all state organs and all persons, thus outlawing corporal punishment means this extends to the school set-up.

He states that Article 53 (1) re-affirms that every child “has the right … to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour.”

The return of corporal punishment has been backed by some legislators, Cabinet secretaries, parents’ associations and teachers. However, civil rights groups have fiercely opposed it.

In the search for solutions to indiscipline, there are those who think the education system has refused to meet students halfway.

Others believe the children are simply aping what they see in society, while others see it as just plain notoriety that should be met with equal measure.

Education CS George Magoha falls in this last group. He has taken a hardline stance. Magoha thinks that the reintroduction of corporal punishment will tame indiscipline.

This school of thought, however, lacks scientific backing.In fact, there is more evidence against corporal punishment than there is in support.

Studies show corporal punishment has negative effects on children, among them aggression, antisocial behaviour, physical injury and mental health problems.