Senior teacher accused of sexual misconduct fails to block 'Africa Uncensored' publication
The teacher moved to court in May seeking to block Africa Uncensored from broadcasting the investigative piece on alleged emotional manipulation and abuse of authority.
A senior teacher at a nationaı girls' secondary school in Kiambu County, who is alleged to have sexually abused his former students, has failed to stop Africa Uncensored from broadcasting an investigative story on him after a Milimani court dismissed his case.
Milimani trial magistrate Becky Mulemia Cheloti dismissed the application of teacher IKR, saying the court cannot ignore the evidence on record and the reality that cases of sexual abuse and exploitation of students by persons in authority are often under-reported, difficult to prosecute, and frequently silenced by power imbalances.
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She ruled that the child's interest in being heard, being protected, and living in a safe educational environment, therefore, outweighs the temporary discomfort of advanced media coverage, especially where it has been responsibly pursued.
In the ruling, the magistrate said a balance should be struck between one teacher's alleged reputational damage and whether vulnerable children need protection, whether victims of abuse can speak out and whether there should be accountability.
"The plaintiff has not demonstrated that the intended publication is manifestly false, recklessly indifferent to the truth, or motivated by malice. On the contrary, evidence shows that he was granted a right of reply and that the publication relates to matters of serious public concern, including the rights of children and institutional accountability," said the magistrate.
The teacher moved to court in May seeking to block Africa Uncensored from broadcasting the investigative piece on alleged emotional manipulation and abuse of authority.
He said it was after he was contacted for a comment.
"The media outlet had called and written letters to my family members, church and colleagues, allegedly interviewing them about the sexual misconduct", he told the court.
IKR said he was not aware of any formal complaints filed against him with any authority, including his employer, regarding the allegations.
He contended that he will suffer irreparable harm characterised by potential loss of his job, reputational harm, damage and intense character assassination, which will cause him irreparable harm.
The teacher also wanted the case heard in camera and the file kept under lock and key.
The media outlet on its part told the court that it interviewed the former students, describing a consistent pattern of what appeared to be grooming, emotional manipulation and abuse of authority by the teacher.
According to court documents, the media outlet had alleged inappropriate relationships or physical encounters that began soon after the students completed their form four examinations and occurred within the school compound and frequently at the teacher's allocated house.
Africa Uncensored said the matters were allegedly reported to former principals of the school, but they discouraged the girls from escalating the complaints.
Two students who were still in school when the manipulation happened, but the rest were involved soon after completing their examinations and were still minors.
According to the publication, the allegations against the teacher suggested boundary violations and manipulation that warranted deeper investigation.
John Allan Namu, who runs the investigative company, said there was a systemic failure to protect the former students.
"I believe that the plaintiff's application is an attempt to gag the media under the guise of protecting his reputation, which is contrary to public interest and risks creating a chilling effect on investigative journalism, thereby shielding perpetrators of abuse from scrutiny," he said.
Magistrate Cheloti, however, dismissed the application, saying child protection is not a secondary consideration; it is a constitutional imperative, and where there are credible indications of systemic failure to uphold this imperative, especially in educational institutions, the judicial lens must shift towards transparency, accountability, and safeguarding the vulnerable.
"The court shall remain vigilant to ensure that both media freedoms and individual dignity are respected, but it shall also not permit the law to be used as a tool to shield potentially serious misconduct involving children from legitimate public scrutiny," ruled the magistrate.
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