The Teachers Service Commission (TSC) has interdicted the two teachers who were accused of assaulting a pupil at the Siaya-based Nyamninia Primary.

Copies of the interdiction letters were availed at the Siaya Law Courts Yesterday by Paul Osogo and Maurine Otieno’s advocate, Edwin Ooro, during the hearing of the bond application filed by the accused.

It is alleged that Otieno and Osogo severely caned a learner, who was a student at Nyamninia primary school in Yala, Siaya county, in July 2022.

Narrating the incident in a video that went viral, the boy decried the beastly act the two teachers subjected him to.

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According to the boy, he was beaten for failing to score above 400 marks. He had scored 346 marks, which his teachers were reportedly not pleased with.

Lawyer Ooro told Principal Magistrate Lester Simiyu that, having been interdicted, his clients are not in a position to interfere with the case and should be left free.

“This objection (to bond) is a waste of precious judicial time and nonsense,” Ooro said.

The prosecution led by counsel Tracy Nambisia sought to have Otieno and Osogo denied bond over fear of witness interference.

Nambisia and the investigating officer Pauline Wekesa told the court that the embattled teachers are in a position to intimidate the witnesses who are also minors.

“The accused can still find and intimidate the children and cause them not to attend court because they know them very well,” Nambisia said.

She stressed that the objection to bond is purely in the interest of the minor who was allegedly assaulted, who is voiceless and has no protection.

On Monday, the boy’s father sought for withdrawal of the case through a writing to court.

Justice Simiyu directed the investigators to prepare an affidavit and copy relevant parties.

But Ooro wanted the affidavit thrown out of the window over technicalities.

He observed that the affidavit had not been signed by the investigating officer and had been stamped by an Advocate and Commissioner of Oaths, one William W. Lusweti who was far away in Nairobi.

But the investigating officer, Wekesa, owned the affidavit, saying that she just did not find ample time to append her signature on it.

Ooro argued that the officer had not met Lusweti and therefore, the affidavit was invalid as per Cap 15 Laws of Kenya.

Osogo and Otieno were further remanded for two more days awaiting a ruling on their bond application by on Thursday, September 1, at 9.30am.

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.