Protection of Children Against Corporal Punishment in School Petition

LEGAL PETITION

IN THE MATTER OF: Protection of Children Against Corporal Punishment in Schools
AND IN THE MATTER OF: Enforcement of the Children Act, 2001 and the Basic Education Act, 2013
AND IN THE MATTER OF: Parents and Students Seeking Redress Against Rogue Teachers and Schools

---

1. Parties to the Petition

• Petitioners: Parents and students directly affected by corporal punishment in schools, acting through their appointed representatives.
• Respondents:
  1. The Cabinet Secretary, Ministry of Education.
  2. The Teachers Service Commission (TSC).
  3. [Name of School(s) and/or Individual Teachers].

---

2. Jurisdiction

This Petition is filed under Articles 22, 23, and 165 of the Constitution of Kenya, 2010, which grant this Honourable Court the jurisdiction to hear and determine matters relating to the enforcement of fundamental rights and freedoms.

---

3. Factual Background

1. That the Petitioners are parents and students who have suffered and/or witnessed corporal punishment inflicted upon children in schools by teachers or administrators.
2. That despite the Children Act, 2001 (Section 18) and the Basic Education Act, 2013, which expressly outlaw corporal punishment, rogue schools and teachers continue to engage in this unlawful practice.
3. That such acts have resulted in physical injuries, psychological trauma, and violations of the constitutional rights of children.
4. That parents who raise complaints are often ignored, intimidated, or dismissed by school authorities, thereby denying them effective remedies.

---

4. Legal Provisions Violated

The actions and omissions complained of herein violate the following legal provisions:

• Article 27 (Equality and freedom from discrimination).
• Article 28 (Right to human dignity).
• Article 29 (Freedom and security of the person, including the right not to be subjected to torture or cruel, inhuman or degrading treatment).
• Article 53 (Rights of children, including the right to free and compulsory basic education and protection from abuse, neglect, harmful cultural practices, and inhuman treatment).
• Children Act, 2001 – Section 18 (protection from torture and cruel treatment).
• Basic Education Act, 2013 – Section 36 (prohibition of physical punishment).

---

5. Grounds of the Petition

a) That corporal punishment in schools is illegal and unconstitutional.
b) That failure by the Respondents to enforce the law amounts to dereliction of duty.
c) That rogue schools and teachers subjecting children to corporal punishment undermine the rule of law and public trust in education.
d) That affected students suffer irreparable harm, both physically and psychologically.

---

6. Prayers Sought

The Petitioners humbly pray for the following reliefs:

1. A declaration that corporal punishment in schools is unconstitutional, illegal, and a violation of children’s rights.
2. A mandatory order compelling the Ministry of Education and the Teachers Service Commission to enforce existing laws prohibiting corporal punishment.
3. A permanent injunction restraining the named schools, teachers, and administrators from subjecting students to corporal punishment.
4. An order directing the Respondents to establish independent reporting and redress mechanisms for parents and students affected by such abuse.
5. Such further orders as this Honourable Court may deem just and expedient in the interests of justice.

---

7. Conclusion

By allowing corporal punishment to persist, rogue teachers and schools not only break the law but also undermine the dignity, safety, and development of Kenyan children. This Honourable Court is urged to intervene decisively to uphold children’s rights, enforce the rule of law, and restore trust in the education system.

Respectfully submitted,
[Petitioners’ Representatives / Legal Counsel]
Date: __________