Nairobi school sued for indecent acts on pupil
A parent on Friday put a city school on the spot after two teachers sexually molestated her child.
The mother, through lawyer John Swaka, claimed that the Nairobi Primary School teachers forced her 13 year old to perform an indecent act in their presence because they wanted her to admit to having several boyfriends.
She claimed that the teachers have continued to harass, intimidate and segregate her child after the mother had formally complained to the school against the two.
She also claimed that no disciplinary action had been taken against the teachers and that the school management has threatened to expel her child if the matter is reported to higher authorities.
He mother who claimed that her child had told her about the incident on phone while in tears, sued the school’s board of management, its two teachers and the Teachers Service Commission.
“The minor is just about to sit for her examination but she has not been able to concentrate and learn effectively as she has been constantly subjected to harassment, punishments and made to miss class while other students are studying. She has been ostracized and intimidated,” Mr Swaka said.
He pleaded with the judge to intervene claiming that the school will continue to violate her rights through violent abuse.
“Despite the matter being reported to the Board and TSC, the two bodies have refused to take any steps to protect the rights and dignity of this minor,” Mr Swaka added.
And High Court judge Isaac Lenaola ordered that the victimization of the said pupil to stop.
“A restraining order is hereby issued against the sued parties barring them from harassing, intimidating or victimizing the minor in any way and that she be allowed to participate in school programmes like other pupils with no segregation,” Mr Lenaola said.
On the fateful day, February 18, the teachers allegedly summoned the pupil, raised false accusations against her that she has several boyfriends and that she had written a manuscript of masturbation.
The teachers had allegedly found a note termed as the script, locked her up in a room and questioned her in an attempt to make her admit that she had boyfriends.
According to the mother, the said teachers hit her child, threatened her and forced her to undress and to masturbate in their presence even as she pleaded that she was menstruating.
She claimed that the teachers threatened to ask her to do the same in front of male teachers in the staffroom as well as call the police if she could not follow the instructions.
But when she went to school, the teachers requested to be met in private, admitted the claims and asked her to overlook the incident while promising to treat her well.
When she reported the matter to the head teacher the two only apologized but no disciplinary action has been taken against them.
“I have made efforts to have my daughter undergo counselling because of their actions which has cost my family a lot. My child was subjected to indecent acts by those I entrusted with her security and wellbeing,” she said.
She wants a declaration acknowledging the violations, an order compelling disciplinary action and compensation for the psychological harm the girl went through.