- In the search for solutions to student unrest, the option to reintroduce caning has featured prominently.
- There is more evidence against corporal punishment than there is in support.
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.
Kenyans may have to hold a referendum to reintroduce caning in schools, legal experts have advised.
Experts interviewed by the Star hold that corporal punishment is outlawed under a protected chapter of the Constitution that cannot be amended without a referendum.
A protected chapter cannot only be amended through a bill of Parliament but also a referendum.
In the search for solutions to student unrest, the option to reintroduce caning has featured prominently.
The argument by proponents, though not factual, is that schools did not experience unrest prior to the banning of the cane in 2001.
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.
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.
Unlike his predecessor—Amina Mohamed—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.
Yale University psychology professor Alan Kazdin says you cannot punish out behaviours that you do not want.
The UN Committee on the Rights of the Child issued a directive in 2006 calling physical punishment “legalised violence against children”.
In a report by Human Rights Watch, Kenyan educators and psychologists argue that teachers can oversee classrooms and develop their pupils' knowledge, skill, and aptitudes through means other than corporal punishment.
They say praising pupils' good behaviour, imposing non-physical punishments and involving children in making school rules significantly reduces disciplinary problems.
Edited by Josephine M. Mayuya