The High Court in Kampala has declared corporal punishment in schools unconstitutional and illegal after holding Sir Apollo Kaggwa Primary School liable for injuries inflicted on a pupil by two of its teachers while on duty. In a judgment delivered electronically through the Electronic Court Case Management Information System (ECCMIS), Acting High Court Judge Simon Peter Kinobe ruled that the school was responsible for the unlawful actions of its employees despite having a policy prohibiting corporal punishment.
The case arose after former pupil Naswif Katongole sued the school following an incident in which he was allegedly caned by two teachers, Grace Lumu and Joseph Owino, while attending classes. Court heard that Katongole was first beaten by Lumu after failing three mathematics questions. He testified that he was caned on the waist and experienced paralysis-like symptoms in the days that followed.
A few days later, Owino allegedly caned the entire class for making noise. Katongole told court that although he informed the teacher, he was unwell, he was beaten before he could sit down, causing him to lose sensation in his left leg. Justice Kinobe found that both teachers assaulted the pupil while performing their duties as employees of the school.
“The principle of vicarious liability dictates that an employer remains answerable for the acts of its employee committed in the course of employment, even where such acts are criminal, unlawful, or wanton,” the judge ruled. The court noted that the school’s General Manager, Rose Nantanda, admitted that the teachers had administered corporal punishment and confirmed that both were dismissed after the incident because the school did not condone the practice. She also testified that all teachers signed a policy prohibiting corporal punishment upon recruitment.
However, Justice Kinobe held that the existence of such a policy did not absolve the school of responsibility since the teachers committed the assaults while carrying out their official duties. “The defendant school undeniably benefited from the services rendered by its teachers and cannot evade liability merely on account of having a policy against corporal punishment,” the judgment reads.
Although the court accepted that Katongole had been assaulted, it found insufficient evidence linking his long-term physical injuries to the caning. It therefore declined to award special damages for medical expenses and alleged loss of income because those claims had not been specifically proved. The court, however, accepted evidence that the former pupil suffered emotional trauma, psychological distress and mental anguish following the assault. Medical reports presented in court indicated that he experienced recurrent nightmares, difficulty walking, emotional distress and loss of self-esteem after the incident.
Beyond the immediate physical injuries, corporal punishment has lasting educational and psychological consequences. Former pupils often describe dropping out of school after repeated beatings, developing a fear of attending classes, avoiding certain teachers altogether and losing confidence in the learning environment. Rather than promoting discipline, repeated physical punishment can undermine academic performance, damage self-esteem and leave emotional scars that persist long into adulthood.
Justice Kinobe awarded the plaintiff general damages of Shs5 million to compensate for the physical and emotional suffering arising from the assault. The court declined to award punitive damages, observing that the school had taken corrective measures by dismissing the teachers responsible, maintaining a policy against corporal punishment and contributing towards the pupil’s medical treatment and travel expenses.
The judge also awarded interest on the general damages at the court rate of six percent per annum from the date of judgment until payment in full, in addition to the costs of the suit. Besides the monetary award, the court issued a declaration that battery, caning and corporal punishment of pupils by the school and its agents are unconstitutional and illegal. It also issued a permanent injunction restraining the school, its employees and agents from administering corporal punishment as a form of discipline.
Before concluding the judgment, Justice Kinobe strongly condemned corporal punishment in schools, describing it as a harmful and outdated practice that undermines children’s dignity and development. He said corporal punishment instils fear instead of discipline, damages the teacher-pupil relationship and leaves lasting psychological scars, including anxiety, aggression, low self-esteem and poor academic performance.
The judge emphasized that Uganda’s Constitution and the country’s legal framework prohibit corporal punishment and urged educators to embrace positive disciplinary approaches that promote safety, respect and children’s rights. “Education must be a sanctuary of growth, a place where young minds are nurtured, not broken. Every child deserves not the rod, but the opportunity to thrive in an environment of safety, encouragement and hope,” Justice Kinobe stated-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
