High Court awards defilement victims Sh5 million in damages

The Teachers Service Commission (TSC) was recently ordered by the High Court to pay two minors Sh5 million after they were defiled by their teacher.

Though TSC has been disciplining rogue teachers who violate their pupils, the High Court this year condemned it for not putting in place enough measures to curb the rising menace.

The court heard that in 2010 alone, 600 teachers were accused of defiling school-going children with some counties reporting more than 200 paedophile cases.

TSC stated that between 2009 and 2011, it had sacked and de-registered about 175 teachers for sexual-related offences.

High Court Judge Mumbi Ngugi, who gave her verdict three months ago, reproached the commission for what she found to be failure to tame sex pests.

"I would go so far as to say that TSC, the State and any educational or other institution in which teachers or other caregivers commit acts of sexual abuse against those placed under their care, is vicariously liable for the wrongful acts of its employees," Justice Ngugi ruled.

She continued: "It is just that we have not cared enough to call into account those who abuse the vulnerable, or to place a duty on those who employ them, to diligently exercise their duty of care, first by ensuring that they do not employ persons with a history of abuse, and secondly, to ensure that they avoid instances of abuse in their institutions."

The case, which was brought by two parents from Nakuru County where both incidences occurred, argued that girls in schools are increasingly at risk of being defiled in school by a teacher.

The parents were aggrieved by the fact that their two daughters were victims of defilement by a deputy head teacher who ended up being set free.

girls impregnated

According to their lawyer John Chigiti, the number of girls impregnated by teachers since 2010 when the two minors were defiled, has continued to rise despite the commission having structures and laws to govern how the parties should interact during school hours.

Mr Chigiti in his submission, told the court that in 2010 alone, some counties reported more than 200 paedophile cases.

A report filed by a child therapist to support the case, demonstrated that the event had taken a toll on the girls and it was difficult to have them forget the ugly memories.

This fear made the girls hide the information from their parents, who came to learn of the ordeal long after it had happened.

"There is clearly a failure, as the petitioners submit, in providing support and remedies for children who may be subjected to sexual violence by their teachers," Ms Ngugi said.

"The court notes the facts from various studies, which the TSC tacitly concedes, that many teachers are serial offenders, who abuse students in one school and are often transferred to other schools, where the abuse continues," she added.

Following the incident, one of the girls had to drop out of school and the other opted to soldier on with the education despite the harsh environment that she faced.

The commission also won a case against a teacher who had been kicked out of school due to defilement. The teacher appealed but justices Festus Azangalala, Sankale ole Kantai and David Maraga upheld the decision.