A secondary school teacher, who was interdicted last year on allegations of impregnating a student, has moved to court after DNA results revealed he is not the biological father of the baby.
Mr Philip Lang'at, a former teacher at Mawingu Secondary School in Kuresoi North, had been accused of impregnating a Form Four student who delivered last year.
He had DNA samples of him and the newborn collected for analysis in March after he surrendered to the police.
But on January 19, 2019, Mr Lang’at recorded a statement in regard to the accusations at the Kuresoi Police Station.
He had earlier been subjected to defilement charges after the matter was reported to the Teachers Service Commission disciplinary panel in October 12, 2018.
The action that followed saw him removed from the teachers’ registry and finally dismissed.
Following the complaint that was filed at the Directorate of Criminal Investigation (DCI) in Kuresoi under enquiry file number 2/2019, preliminary investigations revealed that the victim was not defiled by the said teacher.
The DNA analysis indicated that the teacher does not share any genetic or biological relationship with the child.
Further, it had also been alleged that there was phone communication made between the teacher and the student and money transferred to the victim via M-Pesa, reports that a mobile service provider’s statement did not prove.
However, direct communication between the two at the school would be the only evidence which could prove the existence of a relationship.
In a letter dated May 16, 2018, written by the board of management at Mawingu Secondary school, Mr Lang’at was given 14 days and ordered to explain in writing why disciplinary action would not be taken against him based on allegations of befriending and impregnating a school girl.
“This is to inform you that it has been alleged that you befriended and impregnated one of our school girls. The student is currently pregnant. The matter had been reported to the principal/ secretary BOM on February 2, 2018 and investigations are ongoing… By a copy of this letter, therefore you are required to respond in writing why disciplinary actions should not be taken against you…,” read the letter in part.
According to the DCI’s findings, Mr Lang’at, had a poor working relationship with the Mawingu school principal Mr Wilson Salpei as a result of personal differences.
The differences allegedly resulted from the principal accusing his junior of befriending a female teacher.
Mr Salpei was on June 17, charged in court with sexually harassing the female teacher, an incident alleged to have been perpetrated in January 2017.
“This led the principal to serve the complaint with many letters of professional misconduct and immoral behaviour against teacher’s service commission code of regulation offenses that finally led to disciplinary action against the complainant.
All other allegations could not be proved and that is when the principal noted that he implicated the complainant with most serious one and organised the witnesses to appear before the Board Of Management and the TSC to convince the commission that indeed the said teacher was of immoral behaviour,” read the enquiry findings in part.
The report further indicated that, during the proceedings conducted at the TSC’s office in Nakuru on October 12, 2018, and during the period that the girl had already given birth, the DNA test ought to have been requested.
The collection of blood sample exercise was later conducted at Kuresoi Health Centre with the supervision of the DCIO Kuresoi and two other officers from Kuresoi Police Station on March 3, 2019.
The same was taken to Kisumu Government Chemist on March 7, 2019, and after thorough preservation as directed by the medical practitioner.
Also on April 2, 2019, the suspect was escorted to the lab and a buccal swab from the complainant was taken.
“The analysis was conducted and based on the findings; the complainant was excluded as the biological father of the child,” indicated the report.
The DCI however recommended criminal charges against the school principal and witnesses who appeared in the school’s panel committee.
According to Mr Alexander Mutie, a criminal investigator at Kuresoi, the allegations against the complainant were framed and malicious.
“The allegations were not investigated properly as per section 146 of the Teaches Service Commission code of regulation Kenya subsidiary legislation 2015. The complainant was not subjected to fair administrative action as per section 47 of the constitution of Kenya 2010 which state that every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair,” said Mr Mutie in the enquiry report.
On Monday last week, the principal, the school board chairperson Jane Rono, the victim and her mother were arraigned in Molo court where they were charged with conspiracy to defeat justice and interference with witnesses.
According to the charge sheet, on July 2, 2018, at Greenland Hotel in Molo Sub-County the suspects conspired amongst themselves to falsely accuse Mr Lang’at of befriending and impregnating a female student.
Appearing before Molo Magistrate Alice Mukenga, the four denied the charges.
They were also accused of giving false information to the TSC and the police.
Mr Salpei faced additional charges of abuse of office by influencing the board of management to have the teacher dismissed.
Later, the suspects were released on bond.
The case will be heard on July 18.