Ministry of Education Launches Investigation into Maikona Girls Secondary School Corporal Punishment

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Ministry of Education Launches Investigation into Maikona Girls Secondary School Corporal Punishment.

The Ministry of Education has started a formal investigation into an incident of corporal punishment at Maikona Girls Secondary School in Marsabit County.

According to a statement issued on 8 July 2025, Principal Secretary for Education Julius Jwan ordered all teachers involved in the alleged physical assault of 36 students to be subjected to disciplinary action. The Ministry said preliminary reports indicated the students were beaten with Bunsen burner wires after they failed to celebrate when they returned from a music competition.

TSC has also launched parallel investigations to establish individual culpability and enforce the Basic Education Act, 2013 which prohibits all forms of corporal punishment in Kenyan schools.

Footage seen by Flash News showed the students with extensive bruises on their bodies. Parents protested immediately and gathered at the school demanding accountability and transparency in the investigation.

Education Principal Secretary Julius Jwan said: “Anyone found guilty will be dealt with accordingly.” The Ministry said all teachers must adhere to the ban on corporal punishment and protect the safety and dignity of learners.

The incident has sparked public outrage and renewed calls for tough measures against school staff who abuse children’s rights. Parents of the assaulted students have asked the Ministry of Education and TSC to punish those involved severely.

The Ministry of Education reiterated its commitment to enforcing the Basic Education Act, 2013 and ensuring all schools provide a safe learning environment free of intimidation and violence.

The Government of Kenya has made corporal punishment illegal in all contexts through constitutional, legislative and regulatory measures. This is provided for in Article 29 of the Constitution of Kenya (2010) which prohibits torture and cruel, inhuman or degrading treatment or punishment.

The Basic Education Act (No. 14 of 2013) reinforces this ban by explicitly prohibiting corporal punishment in schools. Article 4 of the Act provides that the provision of basic education shall be guided by the principles of elimination of gender discrimination, corporal punishment and all forms of cruel and inhuman treatment or torture.

Article 36 provides that no student shall be subjected to torture and cruel, inhuman or degrading treatment or punishment whether physical or psychological. Any person who contravenes this provision commits an offence and is liable upon conviction to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding six months or both.

The Children Act (No. 29 of 2022) has explicitly confirmed the constitutional prohibition of corporal punishment by any person and has repealed the former provision that had allowed “reasonable punishment”. Article 25(3)(b)(c) of the Act further prohibits corporal punishment as a disciplinary measure in juvenile detention centres.

The Teachers Service Commission (TSC), operating under the Teachers Service Commission Act (No. 20 of 2012) has issued the Teachers Service Commission (Code of Conduct and Ethics for Teachers) Regulations, 2015. Article 9(1) requires teachers to take all reasonable steps to protect children from abuse, neglect, harmful cultural practices, all forms of violence, discrimination, inhuman treatment, corporal punishment and exposure to hazardous or exploitative labour.

Regulations under the previous Education Act still exist; however, Article 11 of the Education (School Discipline) Regulations which allowed corporal punishment in specific circumstances is void under Article 2(4) of the Constitution.

Despite the legal framework, studies and reports indicate that corporal punishment still exists in some schools with some teachers citing its effectiveness in maintaining discipline. The Teachers Service Commission has acknowledged the challenges in enforcing the ban in private schools where it does not have direct oversight.

A County Early Childhood Education Bill has additional provisions. Article 70(1) of the Bill prohibits any teacher or staff of an education centre from corporal punishment. Any person who contravenes this provision commits an offence and is liable upon conviction to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding four years or both.

In 2015 the Government reported to the Committee on the Rights of the Child that they had developed Guidelines for Positive Discipline in schools and a teacher’s handbook and training manual. A Positive Discipline Handbook for Teachers was subsequently developed by the Ministry of Education, Science and Technology with support from civil society. The Government reported in 2018 that they were finalising and rolling out alternative discipline guidelines.

Regarding penal institutions, corporal punishment is prohibited in borstal institutions and juvenile correctional facilities. Provisions for corporal punishment in the Prisons Act and Rules and the Borstal Institutions Act and Rules are void under Article 2(4) of the Constitution and Article 4(1) of the Children Act, 2022. The prohibition in the Basic Education Act, 2013 also applies to school correctional facilities.

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Corporal punishment as a sentence for crime has been abolished. Article 25(3)(b)(c) of the Children Act, 2022 prohibits it and this is confirmed by Article 29 of the Constitution.

The Government has also indicated that positive discipline methodologies will be included in teacher training curricula to be assessed in teacher training colleges. A national launch of the Positive Discipline Handbook was planned for 2017 with implementation to be done by the Ministry of Education, Teachers Service Commission, Kenya Institute of Curriculum Development and other stakeholders.

Ministry of Education Launches Investigation into Maikona Girls Secondary School Corporal Punishment.