Analysis of government policy on banning of corporal punishment with reference to mill’s theory of utilitarianism a survey of secondary schools in Kisii Central Sub-County, Kenya

Abstract

The outlawing of corporal punishment (CP) in Kenya's schools in the year 2001 was a significant step towards promoting the learners right to education in the country. Nevertheless, CP has remained in use in most schools as evident in many secondary of Kisii Central Sub County. Moreover, the utilitarian justification and relevance of this ban is contentious and elusive among the educational stakeholders. Therefore, this study critically analyzed the Government policy on banning of CP in secondary schools in Kisii Central Sub County of Kenya, with specific reference to Mill's theory of Utilitarianism. In particular, it sought to analyse; the rationale to the ban of CP, the utilitarian happiness associated with its persistent use, the challenges to its implementation and the extent to which CP alternatives had been used to maintain student discipline. This study was informed by John Stuart Mill's Utilitarianism theory of moral obligation. Survey research design was employed that targeted 950 students, 480 class teachers and 73 principals. Stratified random sampling was used in choosing 274 students and 212 class teachers while 73 principals were selected through purposive sampling. Questionnaires were used for data collection. Quantitative and qualitative data was analyzed through descriptive statistics aided by Statistical Packages for Social Sciences (SPSS) version 21.0 and philosophical reflections. The findings revealed that CP remained in use albeit to a small extent to inculcate discipline on learners. Moreover, teachers and parents exemplified a narrow perception of the envisaged utilitarian justification to the ban of CP as depicted by their strong held traditional view on the usefulness of CP that; it was economical, effective and expeditious in resolving disciplinary issues. However, the students thought that CP was unnecessary infliction of pain on them with no recognizable utilitarian good in terms of; reforming wayward behaviour, deterrence value, domestication of children rights and promotion of high academic performance. The main challenges to this ban included; religious convictions on the validity of CP, cultural approval and acceptance of CP, inadequate training of teachers on school discipline and weak monitoring of the ban. These constraints significantly impacted negatively the realization of student self discipline among other utilitarian pleasures envisaged in this ban. Finally, the findings revealed that CP alternatives such as; guidance and counselling, positive reinforcement, moral education and role modelling were in use to a small extent to instill discipline among students. The study recommends that education stakeholders be enlightened on the philosophy behind the ban of CP to broaden their thinking on school discipline in light of Mill’s utilitarian theory. Also, the MoE need to closely monitor this ban and ensure that it is upheld by taking appropriate legal action on educators who blatantly violate its provisions. Moreover, teachers need requisite training on the utilitarian value of employing the available non aversive alternative disciplinary interventions to maintain school discipline without recourse to CP.The findings are significant to all education stakeholders notably the MoE, teachers and parents in their quest for a sound utilitarian moral guiding principle to the ban of CP and its alternative interventions that are effective in mitigating challenges facing this ban and in making informed policy review on school discipline in Kenya.