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High Court dismissed a petition involving five teachers and a matron from a Nairobi girls’ school who are facing allegations of physically and sexually abusing students during investigations into suspected same-sex relationships.
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The students claimed they were subjected to physical punishment, humiliation, forced undressing and coerced confessions by members of staff following allegations that they were involved in same-sex relationships.
The High Court has dismissed a petition involving five teachers and a matron from a Nairobi girls’ school who are facing allegations of physically and sexually abusing students during investigations into suspected same-sex relationships.
In its ruling, the court held that ongoing police investigations should be allowed to proceed before any legal challenge is mounted, noting that the students’ parents had moved to court prematurely.
Two parents moved to the Constitutional and Human Rights Court on behalf of their daughters. The students claimed they were subjected to physical punishment, humiliation, forced undressing and coerced confessions by members of staff following allegations that they were involved in same-sex relationships.
However, the court ruled that while the allegations raised serious constitutional issues, it would not intervene at this stage because criminal investigations and related proceedings arising from the same incidents are still ongoing.
The decision is a setback for the two families in their bid to obtain constitutional remedies for the alleged violation of the girls’ rights. Nevertheless, the ruling leaves room for future legal action once the investigations and related processes have been concluded.
The petition arose from incidents in June 2023 after school administrators accused a group of students of engaging in behaviour linked to same-sex relationships.
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Court documents indicate that one of the girls was called into a room known as the “Sick Room” within the school, where she was interrogated over the allegations. She alleged that she was struck with a wooden mop handle, slapped and threatened with additional punishment if she failed to admit to the accusations.
The petition claims that the interrogation was later taken to a dormitory, where the student was questioned for several hours and pressed into writing a confession.
The second student also alleged that she was subjected to similar treatment, including questioning, verbal insults, and physical assault by teachers and other school staff.
“The girl claimed that she was mocked over her background and accused of bringing “demons” to the school because of where she came from,” states the petition.
The court was also informed that one of the teachers also “brutally interrogated her family background, including the financial status of her family”.
The petition indicated that the students were later suspended and instructed to return to school accompanied by their parents for readmission.
The parents alleged that teachers and administrators unlawfully subjected the minors to physical, psychological, and sexual abuse. One of the girls subsequently received treatment at Kenyatta National Hospital and reported the incident to the police.
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The families claimed that the conduct constituted violations of several constitutional rights, including protection from torture and cruel, inhuman or degrading treatment, as well as breaches of privacy, sexual harassment, and discrimination.
Prior to moving to court over the alleged rights violations, the girls’ mothers had reported the matter to the Teachers Service Commission (TSC) and also filed a complaint at Parklands Police Station.
In response to the petition, the teachers and school administrators denied the allegations and urged the court to dismiss the case.
They argued that the matter did not fall within the constitutional jurisdiction of the High Court and should instead be addressed through TSC’s employment and disciplinary procedures. They further informed the court that the complaints had already prompted investigations by the Commission.
Court records indicate that TSC investigated the allegations, issued show-cause letters, and interdicted the teachers ahead of disciplinary proceedings. The officials were later suspended without pay for three months starting February 2024.
The court declined to entertain the petition, striking it out on the basis that its intervention would be premature since criminal investigations into the same matter are still ongoing. No findings were made on whether the alleged abuse actually took place.
The ruling leaves the claims unresolved, with attention now turning to the police investigation into allegations concerning how schools manage disciplinary complaints related to issues of sexuality.
By Frank Mugwe
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