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Accidently beating a child in school had a wodeen chip pierce her eye damaging the pupil meaning she cant see.what should be done

M-Wakili (Kenyan AI Lawyer Assistant)

Table of Contents

1. Introduction

2. The Legal Framework 2.1. The Constitution of Kenya, 2010 2.2. The Children Act, 2001 2.3. The Penal Code, Cap 63

3. Potential Legal Consequences 3.1. Criminal Liability 3.2. Civil Liability

4. Reporting the Incident

5. Seeking Legal Advice

6. Conclusion

Introduction

This is a serious matter involving a child's injury and potential legal consequences. It is crucial to understand the legal framework governing such incidents and the potential actions that can be taken. This response will provide an overview of the relevant Kenyan laws and the potential legal consequences of the incident.

The Legal Framework

2.1. The Constitution of Kenya, 2010

• Article 53: This article guarantees the right of every child to be protected from abuse, neglect, exploitation, and harmful practices.

• Article 26: This article guarantees the right to life and prohibits the taking of life except in accordance with the law.

2.2. The Children Act, 2001

• Section 12: This section defines a child as a person under the age of 18 years.

• Section 13: This section prohibits any person from engaging in any act that is likely to cause harm to a child.

• Section 14: This section outlines the duty of care owed to children by parents, guardians, and other persons responsible for their care.

• Section 15: This section prohibits the use of corporal punishment on children.

• Section 16: This section provides for the establishment of Children's Homes and other institutions for the care and protection of children.

2.3. The Penal Code, Cap 63

• Section 222: This section defines assault as an unlawful act that causes actual bodily harm to another person.

• Section 223: This section defines grievous harm as harm that endangers life, or causes permanent disability or serious disfigurement.

• Section 224: This section defines assault occasioning actual bodily harm as an assault that causes actual bodily harm to another person.

• Section 225: This section defines malicious wounding as an act that unlawfully and maliciously wounds or inflicts grievous bodily harm on another person.

Potential Legal Consequences

3.1. Criminal Liability

• Assault Occasioning Actual Bodily Harm: The incident could constitute assault occasioning actual bodily harm under Section 224 of the Penal Code. The injury to the child's eye, resulting in loss of sight, would likely be considered actual bodily harm.

• Malicious Wounding: Depending on the severity of the injury and the intent of the act, the incident could also constitute malicious wounding under Section 225 of the Penal Code.

• Negligence: If the act was not intentional but resulted from negligence, the perpetrator could be charged with negligence under the Penal Code.

3.2. Civil Liability

• Negligence: The parents or guardians of the child could sue the perpetrator for negligence, seeking compensation for the child's injuries and medical expenses.

• Battery: The incident could also constitute battery, a civil wrong that involves intentional harmful or offensive contact.

Reporting the Incident

• Police: The incident should be reported to the police immediately. The police will investigate the matter and determine if any criminal charges should be laid.

• Children's Department: The incident should also be reported to the Children's Department, which is responsible for the protection and welfare of children.

Seeking Legal Advice

• Lawyer: It is highly recommended to seek legal advice from a qualified lawyer specializing in criminal and civil law. A lawyer can provide guidance on the legal options available and represent the parties involved in any legal proceedings.

Conclusion

The incident involving the child's injury is a serious matter with potential legal consequences. It is crucial to understand the relevant legal framework and to take appropriate action, including reporting the incident to the authorities and seeking legal advice. The legal consequences will depend on the specific circumstances of the incident, including the severity of the injury, the intent of the act, and the age of the child.