The High Court Civil Division has ordered Sir Apollo Kaggwa Primary School, to pay a former pupil UGX 5 million over corporal punishments carried out by two school teachers on the former pupil in 2011.
The Acting judge Simon Peter Kinobe, in a ruling delivered on Tuesday noted that the acts of battery/corporal punishment/ caning of pupils by the school and its agents are unconstitutional and illegal.
“General damages of UGX 5 million, with interest at a rate of 6% on the general damages from the date of judgment” Justice Kinobe ruled.
Justice Kinobe also ordered a permanent injunction restraining the school and its agents from continuing to administer corporal punishment/caning as a mode of punishment to its pupils.
The ruling stems from a case filed by Naswif Katongole (former pupil) and his mother Lilah Babirye against the school on May 14th 2014, in which they sought for the declaration that the acts of corporal punishment of pupils by the school defendant and its agents are unconstitutional, illegal and must be halted.
She also sought compensation arising from the battery of her son, exemplary, punitive, general damages, together with costs and interest arising out of the school’s intentional acts caused by it’s employees.
According to court records, in September, 2011, the school’s employees, Lumu Grace and Owino Joseph, in the course of their employment as teachers at the school, deliberately assaulted and battered Katongole by severely beating him on the waist and back.
During court hearing, Katongole told court that he was caned by Mr Lumu for failing three numbers in mathematics test, leaving him with serious injuries, psychological distress and mobility complications.
“I was caned by Mr Lumu for failing only three numbers in a math exam. I continued feeling paralysed for days,” he testified.
He further recounted that days later, another teacher, Owino, caned the entire class for making noise and ignored his pleas that he was unwell.
“Before I could even sit down, he beat me and I lost feeling in my left leg,” Katongole told court.
As a result, Katongole developed severe injuries, psychological impairment and mobility complications.
As a result of this incident, Katongole’s mother, Lilah Babirye was compelled to leave her job with the United Nations in Delhi to care for him.
However all attempts to treat Katongole in Uganda were unsuccessful, as he underwent several treatments that failed, leading to his mother incurring significant expenses in trying to treat her son.
Following an increase in the cost of treatment for her son, Ms Babirye engaged the school authorities, and they entered into a memorandum of understanding, where the school agreed to contribute £20,000 (approximately Ugx 95 m) for Katongole’s treatment abroad and US $ 3,600 (UGX 13 m) for air tickets.
Ms Babirye contended that the treatment expenses she incurred were more than £20,000, contributed by the school and after returning from South Africa, sought compensation for the injuries, but was ignored by the school.
She further noted that her son lost two years of continuous education and could not enjoy his childhood due to the physical disability he suffered.
However the school’s defence lawyers in their submissions denied liability and contended that Babirye had never been employed by the United Nations, that Katongole was battered and he suffered any grievous injury medically related to the alleged teacher’s punishment.
The school further contended that the teachers were acting on a frolic of their own and that the school was not liable for their actions, and further contended that Katongole, never lost a year in school, as he sat the Primary Leaving Examinations and his termly reports from another school were attached.
While passing his ruling, Justice Kinobe declined to award special damages to the spinal chord injury, following the prosecution’s failure to prove that Katongole’s injuries were caused by the corporal punishment inflicted by the schools employees.
Justice kinobe also declined to award punitive damages, noting that the school had since dismissed the two teachers and already had a policy against corporal punishment.
Justice Kinobe who further awarded the costs of the suit to Katongole, warned that corporal punishment in schools is a profoundly harmful practice that undermines both the dignity and holistic development of children.
“It instills fear rather than discipline, breeds resentment instead of respect, and erodes the trust essential to the teacher-student relationship” he said.
Justice Kinobe reiterated that the physical punishment leaves enduring psychological scars, manifesting in anxiety, aggression, diminished self-esteem, and impaired academic performance.
He warned that corporal punishment is a regressive and destructive tool, in the modern educational environment, where nurturing critical thought, emotional well-being, and creativity are paramount.
