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Landmark ruling that made TSC to delist 126 teachers over sex scandals

Aaron Kakunza / Wednesday 28 October 2015 08:05 AM

The Teachers Service Commission banned 126 teachers from working in any school in Kenya after they were found guilty of having sexual relations with students and other misconduct.

High Court Judge Mumbi Ngugi stated the following in her ruling of Petition No. 331 of 2011:
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.
She further ruled that:
It is important to send the message that any teacher who violates his duty as a teacher, who abuses the trust of parents who leave their vulnerable children in his charge, and who turns, like a wolf, against them, will be held civilly liable, even though he may escape criminal culpability.
I appreciate that there may be female teachers who also abuse pupils under their care. The evidence before me and the reports placed before the Court by the parties, however, suggest that girl children are predominantly the victims, and that male teachers are the abusers. Needless to say, the findings of this Court would apply with equal force to all teachers, regardless of gender, who sexually abuse children under their care.
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