Teachers Service Commission ordered to pay defiled pupils Sh5m in landmark ruling

Teachers Service Commission headquarters in Upper Hill. The commission is in a spot over rising cases of defilement in schools. [ PHOTO/FILE/STANDARD]

In a ruling that has potential to open up a floodgate of suits, the High Court has ordered the Teachers Service Commission (TSC) to pay two minors who were defiled by a teacher Sh5 million.

Justice Mumbi Ngugi awarded the two pupils Sh5 million and reproached TSC for failing to curb rising numbers of rogue teachers.

“I award Sh2 million for the first girl and Sh3 million for the second girl who dropped out of school. I therefore direct that the above awards, upon payment, be deposited in an interest-earning account in trust for them and be utilised to further their education or training with a view to their being able to make a sustainable living for themselves,” the judge said.

The commission was put in a spot, as an employer, for not addressing cases of defilement that involve their staff.

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

Trend worrying

Justice Ngugi, in her ruling, found TSC’s regulations and circulars ineffective in curbing the vice.

“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,” Justice Ngugi noted.

She ruled that TSC should compensate the two girls, in which the funds are to be used for their education until they complete university studies.

The case which was moved 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.

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.

Chigiti in his submission, told the court that in 2010 alone, 600 teachers were accused of defiling school going children with some counties reporting more than 200 paedophile cases.

Besides the alleged perpetrator of the vice, other respondents in the case are TSC, Attorney General Githu Muigai and the primary school where the two girls were schooling.

The children rights lawyer said the trend is worrying adding that children who fall victims have to lead a life of shame, with physical and emotional torture.

Justice Ngugi in her ruling agreed with Mr Chigiti’s submissions that the teachers’ employer had not done enough to tame the menace.

“It is important to send a message that a teacher who violates the rights of children they are entrusted with will be held culpable for it. The Government must ensure that it is protecting minors. It should place effective means to ensure that anyone who has a thought to defile a kid does not do so,” the judge ruled.

Special counselling

A report filed by child therapist to support the case demonstrated that the event had taken a toll on the girls and it was difficult to have them pull out of the ugly memories in the hands of their teacher.

According to a counselling report filed before the court, the teacher had intimidated the two minors to subdue them and also to ensure that they kept silent about the incident.

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.

“The Court notes the fact 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,” Justice Ngugi said.

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 which affects her concentration in class.

In a bid to help them heal and move on after the brutal ordeal, the girls who are in their teens will also receive special counselling.