A primary school teacher who preyed on young girls after exposing them to pornographic videos has been jailed for 25 years.
The High Court in Mombasa ruled that the prosecution had proved that Joseck Okumbe sexually assaulted the 10-year-old child on diverse dates between October 12 and 19, 2020, at the school’s compound in Kisauni.
“This court finds that the prosecution discharged its burden of proof beyond reasonable doubt. Okumbe is convicted for defilement and sentenced to serve imprisonment for 25 years,” said Justice Ann Ong’injo in a ruling delivered on March 6.
Justice Ong’injo noted that the evidence of the victim in the case and that of her twin corroborated the pattern used by the perpetrator to commit the offence.
The Judge jailed Okumbe after setting aside a magistrate court's decision that acquitted the convict in 2023.
The Office of the Director of Public Prosecutions (ODPP) filed an appeal against the acquittal of Okumbe, arguing that the magistrate’s court ignored overwhelming evidence tabled before it.
Through state counsel Ngiri Wangui, the prosecution faulted the magistrate’s court for failing to find that evidence of key victims was corroborated.
“The trial court erred in law and fact by considering that the prosecution's case involved Okumbe defiling three minors and only one case was investigated,” said Mr Ngiri.
The magistrate’s court considered evidence from five witnesses, including the two minors, and found that the prosecution had failed to prove its case beyond reasonable doubt against Okumbe.
The minor identified the accused in court during her testimony as her teacher for Social Studies, Christian Religious Education and English.
“He called me to the staffroom when no other teachers were present. He asked me whether I remembered our secrets,” she said.
The evidence shows that Okumbe removed his phone and showed the minor pornographic videos before sexually assaulting her. The court heard the trend continued until the minor disclosed to one of the female teachers for intervention.
According to the minor, Okumbe committed the same offence against three other Grade Five children. The minor’s twin sister also testified, corroborating her account.
During the hearing, it emerged that the headteacher had deliberately attempted to cover up the matter to prevent the perpetrator from facing justice.
“I reported the incident to the headteacher, who promised to remove the perpetrator from the school. However, when we reopened in January 2021, he was still there,” the minor told the court.
The minor then approached a female teacher, who informed her mother. The female teacher subsequently reported the matter to the headteacher.
Another minor testified that the convict had abused her when she was in baby class. She stated that he would call her to the staffroom under the pretext of studying before committing the crime.
A teacher who testified in the case told the court that Okumbe was already on suspension for a similar incident when the minor confided in her about her ordeal.
“I informed the headteacher, but little action was taken. I then reported the matter to the vice chairman, after which the management intervened,” she said.
The witness further stated that an internal investigation revealed that not only the victim but also her twin sister and two other girls had suffered similar abuse.
However, Okumbe denied the offences, insinuating that there was bad blood between him and another teacher after he reported the misconduct of a colleague to the headteacher.
A pupil had allegedly informed him that a female teacher frequently wore short skirts and was often on the phone during class.
“The teacher retaliated by punishing the learner. The class reported the matter to me and requested that I become their class teacher since I had been with them since Grade 2,” he said.
Okumbe stated that he attempted to calm the learners down and advised them to speak to their class teacher. However, the female teacher misinterpreted his actions, believing that he was trying to take over her class.
He explained that the headteacher resolved the matter, but his female colleague remained dissatisfied and escalated the issue to the school chairperson.
A meeting was subsequently convened, during which he was accused of being overly close to Grade 5 pupils and attempting to usurp another teacher's class.
“I was suspended indefinitely, pending a final decision. The church board did not find me at fault, so they allowed me to return to school on March 15, 2021. However, I was arrested the following day,” he said.
He further defended himself, stating that he was never close to the pupils due to the Covid-19 lockdown. “Medically, nothing was found to link me to the offence. No pornographic videos or photos were discovered on my phone during or after my arrest,” he said.
Okumbe also argued that it would have been impossible for the alleged abuse to have taken place in the staffroom, as it was an open space where everyone in the school could see what was happening.
However, medical evidence presented in court confirmed that the victim had been sexually assaulted.
Justice Ong’injo reviewed the evidence in the case, dismissed Okumbe’s defence, and concluded that he was well known to the victims as their teacher, making it unlikely that they could have mistaken his identity.
