A section of Brookhouse School, Nairobi
There was a defilement case at Brookhouse School that was swept under the carpet two years on.
CNYAKUNDI.COM has received reports that parents have demanded that action be taken against senior management individuals that covered up the case despite it being a very serious betrayal of trust by a teacher.
This site had reported that a teacher in the business studies department is said to have had sex with a 13-year-old girl at the school.
The case was heard and determined but kept under wraps.
According to sources, the male teacher was sacked but left to roam free.
“Action was taken. The teacher was sacked but not arrested. He is still roaming about. It’s alleged that the school has been trying to silence the story to avoid parents withdrawing their kids from the school en masse”, the source wrote.
This is a case of letting a rapist roam the streets freely, which should not be the norm just because of profits.
According to Kenyan law, an adult is a person who is 18 years and above. Having sex with an underage person must lead to arrest, prosecution and jailing.
In 2018, a 24-year-old Kisumu lady Judith Wandera was jailed for 15 years for having sex with an underage boy. The boy was 16 years old.
In November 2021, Mutungi Nzioki Ndaisi, a man from Makueni was jailed for 15 years for engaging in sex acts with a 15-year-old girl. He was accused of forcing his way with a minor on diverse dates between the month of March 2020 and June 2020.
The Children Act, No 8 of 2001, Interpretations section states that a Child means any human being under the age of eighteen years. The Sexual Offences Act, Section 8 defines Defilement as follows: (1) A person who commits an act which causes penetration with a child is guilty of an offence termed defilement. (2) A person who commits an offence of defilement with a child aged eleven years or less shall upon conviction be sentenced to imprisonment for life (3) A person who commits an offence of defilement with a child between the age of twelve and fifteen years is liable upon conviction to imprisonment for a term of not less than twenty years (4) A person who commits an offence of defilement with a child between the age of sixteen and eighteen years is liable upon conviction to imprisonment for a term of not less than fifteen years (5) it is a defence to a charge under this section if- (a) it is proved that such child, deceived the accused person into believing that he or she was over the age of eighteen years at the time of the alleged commission of the offence; and (b) the accused reasonably believed that the
child was over the age of eighteen years (6) The belief referred to in subsection (5) (b) is to be determined having regard to all the circumstances, including any steps the accused person took to ascertain the age of the complainant. (7) where the person charged with an offence under this Act is under the age of eighteen years, the court may upon conviction, sentence the accused person in accordance with the Borstal Institutions Act and the Children’s Act. The severity of the sentence imposed will depend on the age of the ‘victim’ – where the victim is:
- 11 years or under, the sentence is life imprisonment
- between 12 years and 15 years, the sentence is up to 20 years’ imprisonment
- between 16 years and 18 years, and the sentence is up to 15 years imprisonment.
The government should note this case, intervene and lock up the teacher before another schoolgirl falls victim.
Brookhouse has been rocked with scandals including a tax-evasion case that they recently lost to the Kenya Revenue Authority
A High Court in a decision rendered on 9th April 2021 found that Brookhouse Schools was liable to pay PAYE totalling KShs.140, 217,163.00 in respect of non-cash benefits accorded to their employees. The Court rejected the argument by the School that there was ambiguity in law on what value to be attached to the benefit.
KRA had filed an Appeal against the decision of the Tax Appeals Tribunal that the school was not liable to pay PAYE on the value of school fees forgone in providing education for the employees’ children and that KRA should have disallowed the cost of providing the benefit and subject the same to Corporation Tax.
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