A National Assembly committee investigating alleged rape at Moi Girls’ High School in Nairobi in June has confirmed that a girl was sexually assaulted in a dorm.
However, the committee on Education has remained non-committal on whether it was rape or not as the matter is still under active investigations.
In the report that MPs adopted but is yet to be tabled in the House, the committee has directed the Directorate of Criminal Investigations (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,” the report reads in part.
The report captures a presentation by Dr Kanyi, a gynecologist from Nairobi Women’s Hospital, who examined the girl confirming that there was a whitish discharge from the female genitalia.
“The female genitalia was normal on inspection but there was a whitish discharge,” the document reads in part.
“On speculum examination, there was copious amount of creamish white fluid in the vaginal canal with a fresh tear of the hymen at 3 o’clock. The gynecologist took the fluid for analysis and results obtained later revealed that spermatozoa were noted.”
A report by acting KNH Chief Executive Officer Thomas Mutie also confirmed that there was penetrative sexual assault (vaginal rape).
“Digital vaginal examination showed very tender, no palpable lacerations in the vagina, whitish fluid oozing out of the vagina,” reads the report.
According to the report, on the night of the incident, there was inter-houses drama competition in the school that stretched up to 8pm after which the girls went for late supper that ended late around 10pm.
“The coaches and adjudicators for 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,” reads the report.
The law bars non-teachers from coaching and training of students in schools.
According to the report, none of the witnesses from the school disclosed the presence of the external persons during their presentations and interrogation by MPs.
The visiting trainers and adjudicators also did not sign out as evidence that they had left the school compound.
The report points out that there was laxity in the security in the school, which exposed the students and school premises to risks.
There were no CCTV cameras installed in the dormitory areas to monitor students’ safety and security.
The committee found out that the CCTV cameras that had been installed in the school were destroyed in a fire incident in September last year.
The committee also found that there was only one female security guard assigned to guard all the four dormitories, supervise the students’ activities and safety at night.
The MPs pointed out that one guard is not enough for all the duties.
“The guards in the school compound at 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,” reads the report.
The reports also points out that the doors of Elgon dormitory, where the alleged assault took place, were worn out and almost falling apart.
“The doors were not locked from inside on the night of the alleged incident which would allow easy access of the dorm by strangers,” reads the report.
In its recommendations, the committee wants the Education ministry to ensure that all schools are fitted with CCTV cameras to enhance safety and security of students.
It also wants all principals and headteachers to ensure that at least one registered teacher of the same sex accompanies student and pupils during internal and external co-curricular activities.
It has also recommended that persons not registered as teachers, including teachers whose names have been removed from the TSC roll, should not be incorporated in school programmes to teach, coach or supervise learners.