Nyamninia Teachers Interdicted For Assaulting Pupil Over 346 Marks
The Teachers Service Commission (TSC) has interdicted the two teachers who were accused of assaulting a pupil at the Siaya-based Nyamninia Primary.
Copies of the interdiction letters were availed at the Siaya Law Courts Yesterday by Paul Osogo and Maurine Otieno’s advocate, Edwin Ooro, during the hearing of the bond application filed by the accused.
It is alleged that Otieno and Osogo severely caned a learner, who was a student at Nyamninia primary school in Yala, Siaya county, in July 2022.
Narrating the incident in a video that went viral, the boy decried the beastly act the two teachers subjected him to.
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According to the boy, he was beaten for failing to score above 400 marks. He had scored 346 marks, which his teachers were reportedly not pleased with.
Lawyer Ooro told Principal Magistrate Lester Simiyu that, having been interdicted, his clients are not in a position to interfere with the case and should be left free.
“This objection (to bond) is a waste of precious judicial time and nonsense,” Ooro said.
The prosecution led by counsel Tracy Nambisia sought to have Otieno and Osogo denied bond over fear of witness interference.
Nambisia and the investigating officer Pauline Wekesa told the court that the embattled teachers are in a position to intimidate the witnesses who are also minors.
“The accused can still find and intimidate the children and cause them not to attend court because they know them very well,” Nambisia said.
She stressed that the objection to bond is purely in the interest of the minor who was allegedly assaulted, who is voiceless and has no protection.
On Monday, the boy’s father sought for withdrawal of the case through a writing to court.
Justice Simiyu directed the investigators to prepare an affidavit and copy relevant parties.
But Ooro wanted the affidavit thrown out of the window over technicalities.
He observed that the affidavit had not been signed by the investigating officer and had been stamped by an Advocate and Commissioner of Oaths, one William W. Lusweti who was far away in Nairobi.
But the investigating officer, Wekesa, owned the affidavit, saying that she just did not find ample time to append her signature on it.
Ooro argued that the officer had not met Lusweti and therefore, the affidavit was invalid as per Cap 15 Laws of Kenya.
Osogo and Otieno were further remanded for two more days awaiting a ruling on their bond application by on Thursday, September 1, at 9.30am.
