Court directs girl to undergo DNA tests in defilement case

The court has ordered paternity tests to determine whether an interdicted school principal is the father to his former student's c hild.

The former student was picked up on Monday based on a warrant of arrest issued two year ago.

Bernard Malesi, the former principal of St Joseph's Shichinji Secondary School, had gone to court to challenge his interdiction in 2012.

Mr Malesi was interdicted by the Teachers Service Commission (TSC) after the student claimed that he defiled her and made her pregnant.

He lost an appeal he had lodged with the TSC Appeals Tribunal after the girl’s parents swore an affidavit saying their daughter's defilement claims were false.

The TSC dismissed his appeal, claiming he had influenced the student and her parents to drop the defilement claims.

The principal went to court seeking orders to have him, the student and the child she claimed he had fathered undergo a DNA test.

In 2016, the court granted the orders, directing the girl to make herself and her child available to give DNA samples. The former student then disappeared and a warrant for her arrest was issued.

Before she went missing, the former student was said to have written to the Director of Education saying she had fabricated the defilement claims against the principal out of hatred.

“I hated him because he showed me a lot of hatred. That is why I made allegations of pregnancy against him. He never slept with me,” read the letter.

She later changed her story and maintained that the principal had defiled her and fathered her child.

Earlier, her parents had sworn an affidavit dated September 11, 2012 saying their daughter might have lied about her former head teacher.

The couple said that after thorough investigations, they had established that their daughter's claims were untrue.

“Our daughter made a false report against her principal saying she had been defiled and made pregnant by her principal. However, we have established that the information was actuated by hatred towards the teacher for punishing her more than other students,” read the joint affidavit.

On Monday, the former student was arraigned and her former head teacher applied afresh to have the DNA tests.

He cited the girl's son, aged four years, as an interested party in the suit.

Through lawyer Oscar Munyendo, the former principal told the court that he wanted to clear his name since his career and reputation had been destroyed by the former student's claims.

He told Justice Jesse Njagi that throughout his 20-year profession, he had never been implicated in any sexual crime and that the former student was out to settle personal scores.

“I have been a victim of circumstances. I pray that this court be pleased to grant orders that the suspect and her son be escorted to facilitate extraction of DNA samples for analysis,” said Malesi.

Justice Njagi ordered the girl to remain in police custody until the DNA samples were extracted. The matter shall be mentioned on November 7.