Senator Khalwale Drafts Bill to Bring Back Caning in Schools.
Kakamega Senator Boni Khalwale has announced plans to introduce legislation seeking the reintroduction of corporal punishment in schools, citing increasing cases of student indiscipline, unrest, and destruction of school property across the country.
Speaking during a public gathering on June 20, the senator revealed that he has already drafted a Bill that would amend existing education laws to allow teachers to administer corporal punishment as a disciplinary measure in learning institutions.
According to Khalwale, the proposed legislation seeks to restore disciplinary measures that were removed by previous Parliaments and provide teachers with what he described as effective tools for managing learner misconduct.
“I have already drafted a Bill seeking to amend education laws and reinstate disciplinary measures that were scrapped by previous Parliaments, so that students who misbehave can be caned,” Khalwale stated.
He further added: “And as a parent, if you do not want a teacher to cane your child, then come and take them home so that other learners can continue with their studies.”
The senator argued that existing disciplinary mechanisms have not adequately addressed misconduct among learners. He maintained that teachers were deprived of effective disciplinary authority following the abolition of corporal punishment and the enactment of laws aimed at protecting the rights of children.
Proposed Amendments to Education Laws
The proposed Bill would seek amendments to laws governing basic education and learner discipline in Kenya. The proposal comes amid renewed debate over school discipline following a series of unrest incidents reported in schools across the country.
Recent incidents have involved student strikes, destruction of school property, and cases of arson that have resulted in the closure of institutions and disruption of learning programmes.
According to stakeholders within the education sector, concerns over discipline have prompted discussions on possible reforms to the legal and policy framework governing learner conduct and school management.
Existing Legal Framework
Corporal punishment in schools is currently prohibited under the Children’s Act 2022 and the Basic Education Act 2013.
The two laws prohibit teachers and school administrators from administering corporal punishment to learners under any circumstances.
The prohibition is also reinforced through regulations and disciplinary guidelines administered by the Teachers Service Commission, which require teachers to adopt alternative disciplinary measures that comply with child protection standards.
Teachers found to have administered corporal punishment may face disciplinary action, including suspension, dismissal from service, financial penalties, and prosecution where applicable under the law.
Education Sector Proposals Under Consideration
The proposal by Senator Khalwale emerges amid broader discussions on reforms within the education sector following reports of increased unrest in schools during the second term.
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Among the proposals that have reportedly been presented to the Ministry of Education are:
- Review of the current second-term academic structure.
- Introduction of two mid-term breaks during the school calendar.
- Reintroduction of corporal punishment as a disciplinary measure.
- Review of laws and policies governing learner discipline in basic education institutions.
The proposed legislation is expected to be tabled in Parliament for consideration, where it would undergo the legislative process, including debate, committee review, public participation, and voting before any amendments to existing education laws can take effect.
Senator Khalwale Drafts Bill to Bring Back Caning in Schools.
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