What's new

Welcome

If you already have an account, please login, but if you don't have one yet, you are more than welcome to freely join the community of lawyers around the world..

Register Log in
  • We don't have any responsibilities about the news being sent in this site. Legal News are automatically being collected from sources and submitted in this forum by feed readers. Source of each news is set in the news and a link to its source is always added.
    (Any News older than 21 days from its post time will be deleted automatically!)

Jurist Kenya dispatch: a call for greater protection of school children following exposee on teacher sexual abuse

Status
Not open for further replies.
  • Thread starter
  • Staff
  • #1

Dadparvar

Staff member
Nov 11, 2016
9,838
0
6
Two weeks have passed since African Uncensored released their exposee on Peter Ayiro, a male teacher at Alliance Girls High School–one of the top high schools, and the oldest girls high school, in the nation–accusing him of grooming and sexual abuse. The article, written by alumna Christine Mungai, took the whole nation by storm. It was an article four years in the making that told the stories of young girls who had fallen victim to Peter since he arrived at the school in 1999.

Reading these girls’ stories was honestly quite horrific and tragic at the same time. As a former alumna myself, I could not imagine all that was happening in the very same school I attended to people I saw on a daily basis. As I read the article, I truly felt the confusion and loneliness these young girls felt. They had no one reliable to talk to. The fact that the man held so much power in the school–even going to another person in authority was simply out of the question for most. The few who attempted were silenced by the school’s administration, which did not want to tarnish the name of the school.

The irony of it all was that our motto was: “Walk in the Light.” And yet some girls were left in total darkness, failed by a system meant to protect them.

As I delved further and further into the article, I could clearly see a pattern. From the kind of girls who were chosen to the friendly relationship that he developed with them, from the preferential treatment he would give them to the use of religion to create a bond of trust; it was a very systematic pattern that left the girls dependent on the man, making it easier for him to take advantage of them. It was nothing less than grooming.

Everything about his approach was calculated. He didn’t use force–he used attention, affection, and power. He created a false sense of safety, making the girls feel special, seen, even protected, until they were too entangled to see it for what it was: exploitation. And by the time the harm was clear, many of them were already carrying the weight of guilt and shame that should never have been theirs to carry.

The term “grooming,” a terminology that is known globally, has rarely been tackled or discussed in Kenya. None of our laws explicitly discuss it. Nonetheless, Kenya is a member of the African Union. Thus we can rely on the definition provided by General Comment on Article 27 of the African Committee of Experts on the Rights and Welfare of the Child (ACRWC). It provides:

“Grooming” means befriending and establishing an emotional connection with a child, and sometimes the family, to lower the child’s inhibitions with the objective of sexual abuse. Enticement of children is sometimes used as a synonym of the “solicitation of children for sexual purposes” or “grooming.”
Additionally, even if our laws do not tackle grooming, we still have various laws and regulations that ensure the protection of the child against sexual exploitation. We have Article 53 of the Constitution and Section 8 of the Children’s Act, 2022, which emphasize that the best interest of the child shall be of paramount importance.

We also have the Sexual Offences Act that criminalizes defilement. Section 24 of the Act goes on to penalize any sexual offenses relating to position of authority and persons imposition of trust. It states that:

Any person who being in a position of trust takes advantage of his or her position and induces or seduces a person in their care to have sexual intercourse with him or her or commits any other offence under this Act, such sexual intercourse not amounting to the offence of rape or defilement, shall be guilty of an offence of abuse of position of trust and shall be liable upon conviction to imprisonment for a term of not less than ten years.​
The Code of Conduct and Ethics for Teachers, 2015 places various obligations on teachers when it comes to the handling of students. It also provides various definitions. It defines “harmful sexual activity” as any act of a sexual nature that may cause physical, emotional or psychological torture which includes but is not limited to: flirtation, sodomy, sexual intercourse, lesbianism, defilement, indecent touching, rape, sexual assault.

Furthermore, it also defines “sexual harassment” as an act by a teacher who persistently makes any sexual advances or requests including gestures, cat calls, jokes or comments, including innuendos, regarding another person’s sexuality if the person doing it knows, ought to know, or has reasonable grounds to know are unwelcome. Section 9 of the regulation states that all teachers have a duty to ensure that their students are protected from any form of abuse and neglect.

Moreover, Section 22 asserts that teachers are strictly prohibited from engaging in any sexual activity with learners, regardless of consent. They must not flirt with, pressure, or request sexual favors from learners, nor coerce or manipulate them using academic performance. Teachers are also barred from sending learners to their private residences, covering up cases of sexual abuse, or releasing students from school without notifying parents or guardians.

Relying on the information above, one can clearly see that there are laws in place to protect children from such abuse. Yet rumors and whispers of similar incidents in schools have lingered unreported, unheard, and unresolved. In fact, once the exposee was published, countless women from different high schools began discussing similar experiences online. And what was most heartbreaking in many of these shared stories was the persistent lack of justice. Most explained that once a teacher was caught in such a scandal, they were usually transferred to another school so that school could save face. No compensation, no justice–the scandal was simply swept under the rag and the survivors were left to pick up the broken pieces. Very rarely was justice served. Only a few cases, such as the Case of WJ & another (Minors Suing Through their Guardians, JKM and SCM) v. Amkoah & 3 others, was justice served. The court declared:

With respect to the State through the TSC, it must up its game with respect to protection of minors. It cannot shuffle paedophiles from one school to another, and finally, content itself with dismissals. It has to put in place an effective mechanism, whether through an inspectorate department within TSC or the Quality Assurance Department within the Ministry, to ensure that no-one with the propensity to abuse children is ever given the opportunity to do so. Dismissal, and even prosecution, while important, can never restore the children’s lost innocence.
Since the exposee was published, two protests were held by Alliance Girls Alumnae to demand justice and accountability of the school. Strikes have also been held by students in Kaplong Girls High School and Moi Girls Eldoret owing to sexual abuse by male teachers. Moreover, Basic Education PS Julius Bitok had called for the arrest and prosecution of Peter Ayiro, but since TSC is an independent constitutional body, they have suspended Peter Ayiro until he is proven guilty, which is in line with Article 47 of the Constitution, which provides that every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. Furthermore, Article 50 states that every accused person has the right to be presumed innocent until proved otherwise.

TSC is currently conducting its investigations and first hand witnesses are being encouraged to come share their story.

Honestly, the current state of education is deeply worrying. In addition to scandals involving sexual exploitation, reports of teachers using corporal punishment have also gained attention recently. Many parents are now left wondering how best they can protect their children, while those whose children have already completed their education are concerned that their children may have been subjected to such atrocities in silence. These concerns are further compounded by a recent audit that revealed the loss of billions through fraud involving ghost schools, a clear indication that mismanagement continues to cripple the education sector at the expense of learners’ safety and well-being.

There is clearly a need for a better policies regarding how schools handle such situations and harsher penalties against schools/teachers who attempt to cover up such incidences. This is a national conversation that Kenyans must have–one rooted in truth, accountability, and justice. There is also an urgent need for greater awareness around grooming and sexual exploitation, especially within educational spaces. Independent helplines and reporting systems should also be established to ensure students have safe and accessible channels to seek help.

For far too many years, survivors of such atrocities have been forced to lived in silence, burdened by shame for a crime that was never their fault. Society has blamed them for “seducing” teachers, mocked their experiences, and questioned their credibility simply because they didn’t report the abuse immediately. These are children whose voice was taken from them and had to build themselves back up bit by bit, often without support. And rarely believed.

This dispatch is for all the survivors, both boys and girls, whose light was dimmed due to failed systems and institutions. I hope this can create more awareness, solidarity and justice, not only for survivors in Kenya, but around the world.

The post Kenya dispatch: a call for greater protection of school children following exposee on teacher sexual abuse appeared first on JURIST - News.

Continue reading...

Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.
 
Status
Not open for further replies.
Top