The scandal involving a teacher at Alliance Girls' School is taking a legal turn, with the seriousness of the matter drawing the attention of legal experts across the country.
This follows a recent exposé by Africa Uncensored, titled The Teacher and the System, which revealed a disturbing pattern of alleged abuse dating back over 20 years. Former students and staff accused the teacher of using his role as Christian Union patron and mentor to manipulate and exploit vulnerable girls.
Delving into the matter during his legal expertise programme, lawyer Danstan Omari explained the grim future that awaits the teacher if victims file complaints, he is arrested, and subsequently charged.
According to Omari, the teacher cannot escape the long arm of the law, even though the cases date back several years. He clarified that Kenya's criminal justice system imposes no time limitation on prosecuting sexual offences.
“Even if the acts occurred in 1930, as long as the suspect is alive and the evidence is sufficient, criminal liability still stands,” Omari explained.
According to the lawyer, the teacher faces allegations of sexual grooming and exploitation of students, placing the case under Section 8 of the Sexual Offences Act. This section specifically addresses the defilement of minors aged 16 to 18, and carries a minimum sentence of 15 years imprisonment.
Omari further cited Section 6, which deals with compelling or inducing indecent acts. If the teacher is found to have coerced students into sexually suggestive behaviour or contact, he could face a sentence of not less than five years, and potentially life imprisonment.
In addition, Section 11 covers indecent acts with minors and carries a minimum sentence of 10 years. The law also allows for enhanced sentencing in cases involving repeated or aggravated violations.
The lawyer also referenced Section 24, which addresses offences committed by individuals in positions of trust or authority.
“A teacher is entrusted with the welfare of their students. If sexual advances were made under that trust, the law mandates not less than 10 years imprisonment,” he noted.
If medical investigations reveal that any of the students contracted a disease from the acts, the teacher may face an even harsher penalty, 15 years or life imprisonment.
According to Omari, the legal consequences are just one part of what awaits the teacher. If found guilty, he would also face disciplinary action from the Teachers Service Commission, which would render him ineligible for employment in both public and private educational institutions.
“Such individuals cannot receive a certificate of good conduct or work with minors again,” Omari added.
Although Education PS Julius Bitok called for the teachers' arrest, he has yet to be apprehended. Alumni students stormed the school on Friday, as they condemned the teacher and called for immediate action.
