A head teacher in Kilifi County risks paying a fine of Sh5 million or a five-year jail term for chasing away a Standard Eight pupil at the centre of a defilement case.
The school head also faces charges of degrading and discriminating the pupil and a six-month jail term for contempt of court.
A magistrate’s court ordered Fumbini Primary School head Bojo Chilani to re-admit the 16 -year-old boy.
“The Constitution places an obligation upon me to treat the subject as of permanent important. I am aware that the complaint here in is being pursued by the police as confirmed by the Investigating officer. However in the meantime the subject is being denied his basic right to education. This Court cannot turn a blind eye to that anomaly, which is a great breach of his rights under article 53 of the constitution,” the magistrate directed.
“This court directs the management of school to re-admit the pupil back to classes with immediate effects failure to which the head teacher will face appropriate charges and or proceedings for contempt of Court.”
The head teacher refused to allow the pupil in school demanding that he submits letters from his lawyer and the Children’s department on the status of his defilement case.
The boy who is expected to sit for his KCPE examination is stranded back at home, not being able to go school.
The head teacher expelled the boy after news of defilement reached the school and asked the parents to iron matters with the victim’s parents.
They did as requested and the victim’s father asked the boy to go back school as the matter was being pursued in Court.
The boy has been out of school since March 23.
Kilifi North Sub County Children Officer Kennedy Owino accused teachers of branding children as criminals.
“It is illegal for any teacher to deny a child the right to education on the basis that they have a matter in court. A case does not compromise the child’s access to other rights,” said Owino.
The Magistrate said the headteacher will be charged in Court if he failed to honor the Court order.
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