Rogue students risk tough remarks on their good conduct certificate

A dormitory at Maralal boys high school on fire. /MARTIN RWAMBA
A dormitory at Maralal boys high school on fire. /MARTIN RWAMBA

Students found guilty of serious indiscipline acts like burning of school will have tough remarks on their certificate of good conduct.

Those found guilty of arson under section 332 of the penal code will have the remarks written as, “Placed under two years probation.”

Students guilty of creating disturbances under section 85 (1) will have their remarks written, “Bound to keep the peace for a period of six months.”

The charged of malicious damage under section 339 (1) of the penal code, will have their certificate of good conduct marked as conditional discharge under section 35 (1) of the penal code.

According to documents obtained by the Star from the Ministry of Education and police, prosecution of child offenders will be done inline with section 2 of the children Act 2001 and the sexual offences act number 3 of 2006, which both define a child as a person under the age of 18 years.

Those guilty of incitement to violence under section 96 of the penal code their certificate will have the remarks “Placed under two years probation.”

Read:

Also, those found guilty of assault will have the remarks "Placed on one year’s probation."

The sixth is stealing under section 275 of the penal code and committed to Bostal institution.

Bostals

are institution run by the Prison Service intended to reform seriously delinquent young people.

Already more than 46 schools have been closed following the countrywide school unrest.

However, in the event that the cases reflected on the Police Clearance Certificate are still Pending Before Court (P.B.C), it shall be issued bearing the offences with remarks ‘Outstanding” in the result column.

“A person under the age of 8 years is not criminally responsible for any act or omission,” section 14 (1) of the constitution’s penal code states.

However, section two of the penal code states that a person under the age of 12 years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had the capacity to know that he ought not to do the act or make the omission.

The certificates of good conducts are issued either bearing information that an individual does not have any criminal record or in the event that a criminal record has been traced, such certificate shall bear all the offences with which such a person was with including the results of such cases.

More on this:

WATCH: The latest videos from the Star