Deputy Headteacher in Busia Convicted Over Indecent Acts with Minors

By Michelle Ndaga

A teacher has been found guilty and convicted for engaging in indecent acts with school children in Malaba, Busia County.

The primary school teacher was charged with 10 counts of committing indecent act with a child contrary to section 11(1) of the Sexual Offences Act and promoting sexual offences with a child contrary to section 12(b) of the same Act.

They included masturbation of minors, exposure to pornography, and sexually suggestive conversations during school hours.

The prosecution led by Tonny Rotich called 13 witnesses in support of the case. The witnesses who were young boys of between 14 and 17 years of age testified of repeated abuse in classrooms. They also told the court how the accused person showed them pornographic material from his phone and proceeded to touch their private parts, an act he did within the school compound.

Forensic analysis confirmed pornographic content on the accused’s mobile phone, accessed during the alleged period. The Defense challenged the credibility of witnesses and cited procedural irregularities,but failed to disprove core allegations.

The accused was convicted on Counts 2, 3, 5, and 6 for committing indecent acts with minors and Count 4 for promoting sexual offences by exposing a child to pornography. The court emphasized that minor inconsistencies in dates or lack of physical evidence do not invalidate credible testimony, especially from children.

It further rejected the defense’s claim of witness coaching and institutional bias, affirming the independence of judicial findings over administrative exoneration. The Sentencing will be delivered on October 16, 2025.