The High Court yesterday declined to stop the prosecution of three secondary school teachers accused of assaulting a student.
The Nairobi School teachers allegedly assaulted the male student for wearing a fleece jacket in school.
Judge Weldon Korir said although the teachers have an arguable case, he could not stop the Director of Public Prosecutions and the police from doing their job.
He instead directed the school to immediately serve the DPP and the Director of Criminal Investigations with the suit papers within seven days.
Timmy Masake, Peter Kwambai and Ronald Ngetich were ordered to go back to court on October 22.
The teachers want the court to terminate criminal proceedings against them pending before a Kibera court.
They argue the decision to prosecute them is unfair, unreasonable and was made in bad faith.
The teachers said they were summoned to Kilimani police station on October 9 and ordered to appear at the Kibera law courts to answer to assault charges.
They said the allegations are orchestrated by the students’ parents, who are intent on punishing them “for not dancing to their tune” following the suspension of the student for indiscipline.
The teachers said the student was found improperly dressed at the wrong time and when he was asked to explain to the dean, he refused to talk, leading to his suspension.
– See more at: http://www.the-star.co.ke/news/nairobi-school-teachers-fail-stop-trial?#sthash.Uxbx9ELn.dpuf
