TSC Goes For Teachers Preying Students As Moral Rot In Schools Heightens
It is emerging that students are lured into sexual activities by teachers they are close to, and those who offer small favours such as public recognition and monetary gifts.
Students who left boarding schools last year told the Saturday Standard that most sexual activities take place between 9 pm and 11 pm after the evening studies, also known as preps.
“After the preps, few care about what happens because some students run to fetch water, others wash clothes while some engage in friendly conversations in the school compound,” said a former student.
“After the preps, few care about what happens because some students run to fetch water, others wash clothes while some engage in friendly conversations in the school compound,” said a former student.
They also stated that games time, which occurs between 4 p.m. and 6.30 p.m., provides opportunities for sexual activities in schools.
Teachers interviewed stated that the confusion caused by games activities in which students are dispersed and not immediately accounted for creates an environment conducive to vice.
According to the students, the confusion allows enough time for a student to sneak into a private office or meet up with a teacher or even a school worker for sexual favors.
In some cases, teachers will lure their students to departmental offices where they will commit heinous acts.
According to TSC data, Siaya and Murang’a counties had the highest number of teachers accused of defilement in the last three years.
There were 16 cases in each of the two counties. Nakuru came in third place with 15 cases of defilement, followed by Kakamega with 13, Busia and Kitui each with 12, and Homa Bay with 11 cases.
According to TSC, Vihiga, Narok, Meru, and Bungoma counties, each had ten defilement cases. Other counties with a high number of defilement cases include Machakos with nine, Kirinyaga and Makueni with eight each, and Kiambu, Kisii, Migori, and Kisumu with seven each.
Nyandarua, Tharaka Nithi, and Kilifi were next with six cases each, while Embu had five.
According to TSC data, the most sexual harassment cases were reported in 2019, with 124 teachers being fired and deregistered.
During the 2018 national examinations, teen pregnancies reached an all-time high, raising concerns among the public and stakeholders.
In a detailed report, the United Nations Population Fund (UNFP) revealed that between June and July 2017, at least 378,397 Kenyan girls aged 10 to 19 became pregnant.
In 2020, a total of 101 teachers were removed from the classroom, while 57 cases were recorded this year.
Since 2015, the TSC has deregistered a total of 485 teachers for engaging in unethical behavior, including having sex with minors.
The information came to light as TSC tightened the noose around teachers who have sex with their students.
The employer warns in various gazette notices issued by TSC that anyone who hires deregistered teachers will be jailed.
Regulations 18 (1) (c) and (d) of the TSC code of regulations, when read in conjunction with Section 45 of the TSC Act, impose penalties on those who commit such teachers to service again.
“Any person who suffers or permits or employs in any school a person not being a registered teacher shall be guilty of an offence and eligible to a fine not less than Sh100,000 or to imprisonment for a term not exceeding two years or both,” reads a notice by TSC.
In addition, the commission threatened to publish the names and photographs of teachers found guilty of sexually harassing children.
TSC stated that, in addition to prosecuting the perpetrators, more drastic measures will be taken to protect the children in school.
Last year, the Court of Appeal ruled that TSC was responsible for sex pests preying on children in schools.
TSC was ordered to pay Sh5 million in compensation to two minors by Appeal Court judges Roselyn Nambuye, Martha Koome, and Fatuma Sichale in a landmark decision.
Justice Koome, now the Chief Justice, was a member of the bench that called TSC out as an employer for failing to address cases of defilement involving their employees.
The judges ruled in a judgment read by Justice Koome that as innocent victims, the minors are entitled to compensation for humiliation, shame, and pain that may have a lifelong impact on them.
It is inconceivable that minors in their tender years are forced to bear such a burden of shame because of the selfishness of a caregiver. The decision was based on a case filed by two parents from Nakuru County where both incidences occurred.
She strongly warned teachers that teachers if found culpable will be disciplined.
“These are criminal acts that can be followed up and we plead with you to report these cases and avoid cover-ups,” said Macharia.
However, principals cited a window opened by the TSC disciplinary process that allows perpetrators to bring witnesses to support their case.
They contended that this practice allowed for cover-ups and evidence manipulation.
The discipline guidelines, which went into effect on November 1, 2016, state that witnesses will be called to testify during disciplinary hearings if the teacher pleads not guilty.
“The teacher’s witnesses shall be cross-examined by the presenting officer and the teacher shall be accorded an opportunity to make his/her final statements,” reads the guidelines.
In addition, if the teacher enters a guilty plea, he or she must provide an explanation in order for the panel to take appropriate action.
Furthermore, any decision made by the panel must be in accordance with the Code of Regulations for Teachers, according to the guidelines.
TSC delegated some functions under the revised discipline guidelines in order to expedite the resolution of cases.
The TSC disciplinary guidelines on cases delegate roles to deputy county directors and sub-county directors, effectively devolving the process in order to expedite it.
Previously, only county superintendents of education had the authority to evict teachers. Lower-level county employees now play critical roles in determining disciplinary cases.
TSC mandates the Board of Managements to interdict secondary school teachers found guilty of professional misconduct, so county directors only interdict secondary school principals under the arrangement.
In institutions where the BoM is not functioning, deputy county directors interdict primary school principals and secondary school teachers.
The shocking trend is causing concern among parents who have placed a high level of trust in teachers.
Nancy Macharia, CEO of TSC, blamed the numerous pregnancies and forced dropouts on teacher-student sexual relationships.
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Once a teacher’s name is struck off the register, he or she effectively ceases to be in the profession because they are classified as unemployable under the Teachers Act unless the commission directs otherwise.