16 May 2019

Kenya: City Actor Arrested for Raping Moi Girls' Student After Teachers Shrugged Off Incident

Detectives from the Directorate of Criminal Investigation (DCI) have arrested a 29-year-old man who allegedly raped a Form Two student at Moi Girls' School on June 2, 2018.

DCI officers said the 16-year-old victim positively identified the man, who was part of a team of actors who had previously visited the school to perform a set book play

"Detectives handling the case are carrying out further enquiries including a DNA analysis to scientifically link the suspect to the offence," DCI said in a tweet Thursday morning.

Sources said the suspect - Marcelas Olale Ogola - is being held at a police station within Nairobi as detectives waited for officers from the Government Chemist to collect samples from him.

'FAKE CLAIMS'

The arrest comes almost a year after teachers vehemently shrugged off the incident as 'fake claims' by the students who only wanted the school to be closed so they could go home.

The minor, whose identity we cannot reveal for legal reasons, told the police that on the night of the rape, she was going to the washrooms at 2.30am when she met the assailant.

"The man asked me where I was going and I told him that I was going to the toilet. I left and he proceeded to the opposite direction. Later, when I was already in the toilet he flash-opened the door and warned me not to scream.

"He grabbed me, pulled me towards the area and then raped me," the girl told the DCI detectives. Two other students alleged that they managed to wrestle the man whom they described as medium bodied, medium skin toned and with a malformed eye.

National Assembly committee investigating the case had on October 3 confirmed that the girl was sexually assaulted in the dorm and captured a presentation by Dr Kanyi, a gynecologist based at the Nairobi Women's Hospital, who examined the 16 year old girl.

The Committee directed the Directorate of Criminal Investigations (DCI) to establish the circumstances under which the assault happened.

"The committee acknowledges that the matter is under active investigation by a competent investigative authority with the potential of undergoing a judicial process and thus a definite conclusion on the incident by the committee might be prejudicial," a report prepared by the committee read in part.

CREAMISH WHITE FLUID

The gyneologist had confirmed that a speculum examination showed that there was 'copious amount of creamish white fluid in the vaginal canal with a fresh tear of the hymen at 3 o'clock', noting that further examinations on the fluid confirmed traces of spermatozoa.

The House Committee said in the report, that on the night of the incident, there was inter-houses drama competition in the school that extended up to 8pm.

"The coaches and adjudicators for the activity were non-teachers engaged by the school administration contrary to section 23 (2) of the TSC Act on supervision and management of the co-curricular activities in schools," read the report which criticized the school for laxity in securing the girls.

"The CCTV cameras are faulty after they were destroyed during the fire last year.... .. the guards in the school compound at the night of the incident did not observe any unusual happening at night and the incident was only reported by the students in the morning," reads the report which observes that the doors of Elgon dormitory, where the alleged assault took place, were worn out.

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