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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

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Introduction

Accidentally causing injury to a child in school, especially one as severe as damaging the pupil of the eye, is a serious matter that involves various aspects of Kenyan law. This situation touches on issues of negligence, liability, and the rights of the child. The relevant legal frameworks include the Constitution of Kenya, the Children Act, the Penal Code, and the Law of Torts.

Legal Frameworks
- 1.1 Constitution of Kenya
- 1.2 Children Act
- 1.3 Penal Code
- 1.4 Law of Torts
Rights of the Child
- 2.1 Right to Education
- 2.2 Right to Health
- 2.3 Right to Safety
Liability and Negligence
- 3.1 Duty of Care
- 3.2 Breach of Duty
- 3.3 Causation and Damages
Legal Remedies
- 4.1 Compensation
- 4.2 Criminal Liability
- 4.3 Disciplinary Actions
Conclusion

1. Legal Frameworks

1.1 Constitution of Kenya

The Constitution of Kenya, 2010, is the supreme law of the land and provides for the rights and freedoms of all individuals, including children. Relevant articles include:

Article 53(1)(c): Every child has the right to basic nutrition, shelter, and health care.
Article 53(2): A child's best interests are of paramount importance in every matter concerning the child.

1.2 Children Act

The Children Act, 2001, is the primary legislation that deals with the rights and welfare of children in Kenya. Relevant sections include:

Section 4(2): In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies, the best interests of the child shall be a primary consideration.
Section 13: Every child shall have the right to health and medical care, the provision of which shall be the responsibility of the parents and the government.

1.3 Penal Code

The Penal Code, Cap 63, outlines various offenses and their penalties. Relevant sections include:

Section 244: Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for seven years.
Section 250: Any person who unlawfully assaults another is guilty of a misdemeanor and is liable to imprisonment for one year.

1.4 Law of Torts

The Law of Torts in Kenya deals with civil wrongs, including negligence. Relevant principles include:

Duty of Care: The obligation to avoid acts or omissions that could foreseeably harm others.
Breach of Duty: Failure to meet the standard of care required by law.
Causation: The need to show that the breach of duty caused the harm.
Damages: Compensation for the harm suffered.

2. Rights of the Child

2.1 Right to Education

Article 53(1)(b) of the Constitution: Every child has the right to free and compulsory basic education.
Section 7 of the Children Act: Every child shall be entitled to education, the provision of which shall be the responsibility of the government and the parents.

2.2 Right to Health

Article 53(1)(c) of the Constitution: Every child has the right to basic nutrition, shelter, and health care.
Section 13 of the Children Act: Every child shall have the right to health and medical care, the provision of which shall be the responsibility of the parents and the government.

2.3 Right to Safety

Article 53(1)(d) of the Constitution: Every child has the right to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment, and punishment.
Section 15 of the Children Act: Every child shall be entitled to protection from physical and psychological abuse, neglect, and any other form of exploitation.

3. Liability and Negligence

3.1 Duty of Care

Teachers and school authorities have a duty of care towards their students. This means they must take reasonable steps to ensure the safety and well-being of the children under their supervision.

3.2 Breach of Duty

If a teacher or school authority fails to meet the standard of care required by law, they may be found to have breached their duty of care. In this case, allowing a situation where a wooden chip could pierce a child's eye may be considered a breach of duty.

3.3 Causation and Damages

Causation: It must be shown that the breach of duty directly caused the injury to the child.
Damages: The injured party (the child and their guardians) may be entitled to compensation for medical expenses, pain and suffering, and any long-term impacts on the child's life.

4. Legal Remedies

4.1 Compensation

Civil Suit: The child's guardians can file a civil suit for compensation under the Law of Torts. This would involve proving negligence on the part of the school or teacher.
Medical Expenses: Compensation may cover current and future medical expenses related to the injury.
Pain and Suffering: Compensation for the physical and emotional pain suffered by the child.
Loss of Future Earnings: If the injury impacts the child's future earning capacity, this may also be considered in the compensation.

4.2 Criminal Liability

Grievous Harm: Under Section 244 of the Penal Code, if the injury is considered grievous harm, the responsible party may face criminal charges.
Assault: Under Section 250 of the Penal Code, if the injury is considered an assault, the responsible party may face misdemeanor charges.

4.3 Disciplinary Actions

Teacher's Conduct: The Teachers Service Commission (TSC) may investigate the conduct of the teacher involved. If found negligent, the teacher may face disciplinary actions, including suspension or dismissal.
School's Responsibility: The Ministry of Education may also investigate the school's safety protocols and take necessary actions to prevent future incidents.

Conclusion

Accidentally causing injury to a child in school is a serious matter that involves multiple aspects of Kenyan law, including the Constitution, the Children Act, the Penal Code, and the Law of Torts. The child's rights to health, safety, and education must be upheld, and the responsible parties may face both civil and criminal liabilities. Legal remedies may include compensation for medical expenses, pain and suffering, and potential loss of future earnings. Additionally, disciplinary actions may be taken against the responsible teacher and the school to ensure such incidents do not recur.