The Kakamega Resident Magistrate’s Court has welcomed the decision by a pupil and his parents to withdraw a case of assault against his teachers.
The five teachers were charged with administering corporal punishment to the minor, then aged 12, in 2021 and causing him injuries in the genitals.
Resident Magistrate Viennah Amboko allowed the withdrawal of the criminal proceedings after a spirited effort from the teachers’ lawyers, who opted for an out-of-court deal.
She considered the arguments from both parties to foster a good relationship between the pupil and his former teachers.
“The application for an out-of-court settlement by the accused is allowed after the parent of the complaint (pupil) and the accused demonstrated enough grounds to have the matter settled out of court,” said Amboko.
“The five teachers shall be refunded their bond of Sh200,000 each as the matter is no longer in court.”
The decision came even after the prosecution challenged the move, saying the minor had no capacity to withdraw the case.
But the lawyers of the five teachers, Agrrey Shitsama, Onsando Getanda, and Musa Nandwa, rebutted, saying the minor was wise enough to call for an out-of-court settlement.
“The child is a teenager and even told the mother that he wants to move on with his studies without severing his relations with his former teachers,” said Shitsama.
“The pupil expressed to the mother that it hurts to see his teachers on the dock when he healed from the injury they inflicted on him during the alleged assault and moved on. His mother, who is a teacher herself, is also for an out-of-court settlement.”
The trio feared that court processes often end up with a loser and winner unlike out-of-court settlements where “everyone emerges a victor”.
The five teachers, Adelaide Athaka Majoni, Vincent Kadasia Mbakaya, Argedius Lubembe, Victor Andove Achesa, and Eglay Lungatso Lilungu, were out on Sh200,000 bond with strict orders not to interfere with pupils who were key witnesses in the case.