Officers from the Directorate of Criminal Investigations (DCI) have arrested a 29-year-old, who allegedly raped a 16-year-old Form Two student at Moi Girls’ School in Nairobi on June 2, 2018.
Sources at Kilimani Police Station told the Nation that the suspect, Marcelas Olale Ogola, was taken to a police station within Nairobi, as detectives waited for officers from the Government Chemist to collect samples from him.
Police said the victim positively identified the man as having been part of a team of actors who previously visited the school for a drama competition.
“Detectives handling the case are carrying out further enquiries, including a DNA analysis, to scientifically link the suspect to the offence,” the DCI said in a tweet Thursday morning.
The arrest comes almost a year after teachers vehemently shrugged off the incident and alleged that students made 'fake claims’ in order for the school to be closed and for them to go home.
On October 3, 2018, however, the National Assembly committee investigating the case confirmed that the girl was sexually assaulted in a dormitory.
MPs took note of a presentation by one Dr Kanyi, a gynaecologist based at the Nairobi Women’s Hospital, who examined the 16-year-old girl.
The gynaecologist confirmed that a speculum examination showed there was "copious amount of creamish white fluid in the vaginal canal with a fresh tear of the hymen at 3 o’clock". The medic also noted that more tests of the fluid confirmed traces of spermatozoa.
The committee directed the DCI to establish the circumstances under which the assault happened.
“The committee acknowledges that the matter is under active investigation by a competent investigative authority, with the potential of undergoing a judicial process, and thus a definite conclusion on the incident by the committee might be prejudicial,” a report stated.
The House Committee said in the report that on the night of the incident, an inter-house drama competition went on in the school until about 8pm.
“The coaches and adjudicators of the activity were non-teachers engaged by the school administration, contrary to section 23 (2) of the TSC Act on supervision and management of the co-curricular activities in schools," the report said.
The committee criticised the school for laxity in keeping the girls safe, noting in the report that the doors of Elgon dormitory, where the alleged assault took place, were in bad shape.
“The CCTV cameras were faulty as they were destroyed during the fire last year ... the guards in the school compound on the night of the incident did not observe any unusual happening at night and the incident was only reported by the students in the morning," it added.
The minor, whose name cannot be revealed for legal reasons, told police that she had been going to the washrooms at 2.30am that night when she met the assailant.
“The man asked me where I was going and I told him that I was going to the toilet. I left and he proceeded in the opposite direction. Later, when I was already in the toilet, he flash-opened the door and warned me not to scream," she said.
“He grabbed me, pulled me towards the area and then raped me."
Two other students said they wrestled the man, whom they described as being medium-bodied with a medium skin tone and a malformed eye.