On 3rd February 2022, a concerned parent called a teacher at St. Aquinas High School to ask about the well-being of her son and send pocket money through the teacher’s phone. The parent was informed that her son had been sent away from school due to school fees balance. This baffled the parent as she had fully paid school fees for her son. She wondered why the school did not communicate to inform her that her son had been released from school and the reason for doing so. When her son arrived at home, he was pale, sickly, and weak and looked extremely stressed. On enquiring whether he was okay, the son became teary and begged the parent that he be transferred to another school. He refused to eat stating that he did not have an appetite. On further inquiry, the son amidst tears wrote on a foolscap how he was defiled at the school. On calling the principal St Aquinas High School, the principal denied the happening of such acts in the school but would not explain why he had sent the son home.

Shortly after, the principal sent messages to parents indicating that this information was untrue and a rumour. No investigation or action has since been taken within the school to investigate the issue and take action against the culprit who defiled another student. More students from St. Aquinas have confided in their parents that defilement has occurred more than once within the school premises. We are concerned that minors are being subjected to such kind of humiliation, shame and pain that may affect them for the rest of their lives. It is utterly inconceivable that such a culture of tolerance of sexual abuse has been perpetuated by the principal of the school, a person who stands in a position of loca parentis with the children

Further, on 8th February 2022 the country witnessed in shock and disbelief as the police arrested parents demonstrating against the grave happenings at St. Aquinas High School. This is after the parents had followed all due processes under the law pertaining to holding demonstrations and served a notice on the OCS, Central Police Station.

Under Article 37 of the Constitution of Kenya, 2010, every person has the right to peaceful assembly, demonstration, and picketing. In the words of the late Justice Onguto, ‘Demonstrations and picketing…provide an avenue for those who have strong feelings about particular issues to express those feelings.’ The exercise of this right should therefore not be unjustifiably limited or treated as a criminal act. In Kenyan law and international standards, the role of the police is to in fact protect protestors in the exercise of this fundamental right.

The parents and other protestors were peaceful and unarmed. They had duly notified the police in accordance with the applicable law, the Public Order Act.  We therefore reiterate that the arrest was unwarranted, unlawful and a gross violation of fundamental human rights and freedom.

We hereby demand the following:

1. A call on the police to conduct a speedy and thorough investigation on the alleged defilement cases that have occurred within the school premises.
2. The office of the ODPP to institute proceedings to prosecute the perpetrators involved in the crime in accordance with the law.
3. A call on the cabinet Secretary, Ministry of Education to take all appropriate legislative, administrative, social and educational measures to protect children from all forms of physical and mental abuse especially sexual abuse in schools.
4. A call on the Teachers Service Commission and other stakeholders to publicly shun this vice in schools and kick out administrators who have failed to diligently perform their duties. The principal had a statutory duty to ensure the minors had a safe learning environment which he failed to do.
5. A call on the Teachers Service Commission to take specific measures when appointing school administrators including exercising due diligence and increasing awareness about sexual abuse.
6. That the Principal of St Aquinas School steps down from his office pending investigations of the alleged crime.
7. The school provides psychosocial support to both the boy and the mother at their own cost.
8. That the Kenya Police desist from intimidating Kenyans exercising their right to peaceful assembly through unlawful arrests.

Signed by the following Civil Society Organisations:

1. Kenya Human Rights Commission
2. Article 19
3. Independent Medical Legal Unit
4. Kenya National Commission on Human Rights
5. The National Coalition of Human Rights Defenders