A primary school teacher has been sentenced to 25 years in prison after being found guilty of sexually assaulting a 10-year-old student.
The High Court in Mombasa overturned an earlier acquittal and ruled that the prosecution had presented sufficient evidence to convict Joseck Okumbe of defilement.
Justice Ann Ong’injo delivered the ruling on March 6, stating that the prosecution had proven its case beyond a reasonable doubt. The court established that Okumbe abused the child on multiple occasions between October 12 and 19, 2020, within the school compound in Kisauni.
“The prosecution discharged its burden of proof beyond reasonable doubt. Okumbe is convicted of defilement and sentenced to serve 25 years in prison,” ruled Justice Ong’injo.
Prosecution Appeals Acquittal
The Office of the Director of Public Prosecutions (ODPP) successfully appealed against the initial acquittal, arguing that the magistrate’s court had overlooked key evidence.
State counsel Ngiri Wangui contended that the trial court had failed to acknowledge corroborating testimonies from multiple victims.
“The trial court erred by considering only one case when evidence indicated Okumbe had defiled three minors,” said Wangui.
Despite testimony from five witnesses, including the victims, the magistrate’s court had ruled in Okumbe’s favor. However, the High Court overturned this decision, citing compelling evidence against him.
Pattern of Abuse
During the hearing, it emerged that Okumbe lured his victims by showing them pornographic videos before assaulting them.
One of the victims testified that he called her to the staffroom when no other teachers were present and asked if she remembered their “secrets.”
“He showed me inappropriate videos on his phone before abusing me,” the minor stated. She later confided in a female teacher, leading to an investigation.
Further testimony revealed that Okumbe had targeted multiple students, including the victim’s twin sister and two other girls. Another student recounted being abused in baby class under the pretext of extra tutoring.
Attempts to Cover Up the Crime
The court also heard that the school administration had attempted to conceal the abuse. A teacher testified that the headteacher had promised to remove Okumbe from the school but failed to take action.
The minor, upon realizing that the teacher was still present in January 2021, escalated the matter to another staff member, who then reported it to the authorities.
Another witness revealed that Okumbe was already on suspension for a similar incident when the latest victim confided in her. Despite internal investigations confirming the abuse, minimal action was taken until external authorities intervened.
Okumbe’s Defense Dismissed
In his defense, Okumbe denied the charges, alleging that he had been framed due to a dispute with a female colleague. He claimed the accusations were retaliation after he reported the teacher’s misconduct to the headteacher.
He further argued that no explicit content was found on his phone and that it was unlikely the assaults occurred in the staffroom, an open and visible space.
However, medical evidence confirmed the victim had been assaulted, and the court dismissed Okumbe’s defense as unfounded. Justice Ong’injo ruled that the victims were well-acquainted with their teacher, making misidentification unlikely.
With the ruling, the court reinforced its commitment to protecting children and ensuring justice for victims of sexual abuse in learning institutions.
