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High court.
A pupil has sued St Bakhita School accusing the institution of failing to protect her after she was allegedly punished by a teacher in March, injuring her ear.
Suing through her father, the pupil whose identity has been concealed to protect her, said she was pinched by her Kiswahili teacher on March 19, an incident that left her traumatised and scared.
The father has named the school, the board of directors and the chief principal James Ogweno as well as Mr Fredrick Manyasa, the teacher alleged to have inflicted the injury on the minor.
Mr G.O. said in court documents that the ‘attack was deliberate and intended to inflict harm on the minor’.
“The plaintiff avers that the minor was and is visibly traumatised, scared, withdrawn and cries uncontrollably anytime someone mentions to her anything to do with school,” Mr G.O. said.
The case will be mentioned on June 17 for directions.
G.O. said the school failed in its duty of care to protect and uphold the minor’s freedom from torture or inhumane degrading treatment or punishment and create a child-friendly atmosphere for the minor as a learner.
He said the incident has unnecessarily caused the minor to seek transfer to a different school and seek counselling services.
The father said the minor attends counselling sessions regularly for her emotional well-being.
“The plaintiff’s claim as against the defendants is a declaration that the defendants violated the minor’s rights and freedoms, including the freedom against torture, inhuman, degrading treatment,” G.O. added.
The minor is seeking general and special damages, comprising Sh18,618 spent for treatment and other costs.
“A declaration that the acts of commission and omission against the minor by the defendants are unconstitutional, illegal, degrading, and inhumane and therefore, the defendants are liable,” he said.
He is also seeking an order compelling the school to pay the costs of medication and future medical expenses of the minor until full recovery in a hospital of his choice.
The parent revealed that the school had offered to provide counselling and supportive care for the minor, at no cost.
The school had sought consent from the father, stating that it was a voluntary initiative designed to support the minor’s emotional well-being and also help her process any feelings the pupil was experiencing.
