Six months after a senior one student at St Mary's College Kisubi (SMACK) was dismissed on allegations of homosexuality, his parents have said they dragging the school to court.
Through Senkeezi-Ssali Advocates and Legal Consultants, the parents are challenging the "illegal dismissal" of their child. On June 20, SMACK expelled the student for allegedly sodomising another senior one student (names of both students withheld).
Senkeezi told The Observer that his clients are filing a suit in the High court after several failed attempts to engage the school.
"There was no fair hearing and investigations to prove the accuser's claims. When the parents called for dialogue, they exhibited a lot of impunity," Senkeezi said.
Two weeks after the expulsion, Senkeezi wrote a demand and notice of intention to sue but he is concerned that the school has not honoured the letter. Then, the letter was served on the school but the secretary declined to acknowledge receipt before the head teacher consults with their lawyer. Senkeezi said Kisubi has since received the letter but not responded to its contents five months later.
"Since they have rudely snubbed our humble advances, we have no option but proceed to court. All the necessary documents are ready for filing," he said. "If they have decided to exhibit impunity, I think we can poise ourselves better to check that impunity through court."
The child's mother said: "I want SMACK to clear my son's name or present evidence. These allegations might keep haunting him."
What happened?
According to the child's uncle who preferred anonymity, the student claims that he was framed. In the wee hours of June 19, he said students from senior four and five tortured the accused in order to make him falsely admit to his involvement in the homosexual acts.
"After beating him thoroughly, they forced him to write three confession letters. Our boy did not get words off head; whatever his tormentors said is what he put in writing," said the uncle.
The accused student was reportedly rescued by a prefect who managed to find him another place within the school to spend the night. The following day, his property was allegedly found to have been vandalised while other belongings were packed outside the gate. He said school authorities asked the student's mother to leave with her son but she declined before getting a detailed explanation.
In response, the school presented the confession letters, the "sodomised" student and three witnesses.
"Two of the students they presented as witnesses had learnt about the matter on that very day. The allegedly sodomised boy also had no clue while one who insisted that he saw the act taking place had conflicting statements," the uncle recalls.
Quoting one of the key witnesses verbatim, the student (witness) said that: "I was asleep and he [the accused] slapped me. After, he got out of the dormitory. I later saw him sitting on the other one's [accuser's] laps. Immediately, I heard the bed shaking."
When asked whether the lights were off inside, the student responded in the affirmative, to the parents and teacher's dismay. The student who claims to have been sodomised reportedly said: "I didn't hear anything happening to me at night but I found my shirt unbuttoned and pyjamas in the thighs. I had even belted my pyjamas."
He added that the accused student often encouraged him to read books, wash clothes, and behave well yet he had "ill intentions".
The uncle said the student mistook the empathy and care from their son for homosexual intentions. It is from the same meeting that the accused disclosed that he was also burnt with a flat iron on orders of his accuser who cautioned him against telling anyone.
At the school, students disclosed that the accuser has students he calls "my bouncers" and gives them tokens of appreciation.
"So, when he [the accuser] told our boy to be his bouncer and refused, he told his bouncers to burn him but the school did not do anything to punish the students," he said.
With no documentation, the meeting ended inconclusively as the student left the school with his mother and uncle.
SECOND VISIT
On June 25, the accused boy's parents returned to the school, to plead his case in vain. They met the school's head teacher Brother Deodati Aganyira and his deputy Brother Simon Mpanga for close to two hours.
"The head teacher said his decision is irreversible. When he realised our meeting was getting tense, he excused himself and left us with Mpanga who was not remorseful at all," the uncle said.
"[Mpanga] told us to go ahead and do what we wish because the school is bigger than anybody and has taught many well-placed individuals."
Upon the dismissal, parents had also recorded a case with Kisubi police under reference number SD 29/21/06/2018.
Mpanga apparently advised them that the school can refund half of the total school fees of Shs 2,100,000 they had paid and also write a "very good" recommendation for them to find another school on condition that they drop the charges against the school.
The accused student had only studied for three weeks into the second term. He stayed home for the rest of the term until his parents enrolled him in another boarding school this third term.
WRITES TO MUSEVENI
Through Senkeezi, the parents wrote a three-page letter to the minister of Education and Sports, Janet Museveni, for help.
"Of concern to our clients is that the school took no step whatsoever to get any lota of evidence to prove these shocking and diabolical acts against the child. They believe that the dismissal of their son was avoidable, intentionally high handed, unnecessary, targeted, malicious, unwarranted and effected with impunity," reads the letter dated July 11.
It adds: "Our clients read not only impunity in this whole matter but also sinister intentions coupled with a daring attitude thinking that they are untouchable." Senkeezi requested the minister's office to intervene and offer all the necessary assistance.
Yesterday, the commissioner for secondary education, Sam Kuloba, told The Observer that the ministry's sanctions and rewards committee has not yet discussed this particular case.
"The committee has not received any report or complaint from SMACK about that incident. We are yet to get a report and we shall handle it effectively," Kuloba said.
Before a school forwards a report to the committee, he said, it is supposed to give a learner a fair hearing as well as exhaust all avenues of investigating a case. In doing this, Kuloba emphasized that a government school has no powers to dismiss a learner whatsoever but can issue a written indefinite suspension letter.
"The ministry retains powers to dismiss any child in its schools. We admit children to these schools, send capitation grants and it is our mandate to monitor the entry and exit of any child in our schools," Kuloba said. "Even in cases where a school sends a recommendation to dismiss and we are not satisfied, we can review the case and advise the school board accordingly. The accused child got aggregate five to get admitted into the school."
He promised to follow up the letter sent to the minister.
TWO EXAMINATIONS
Police medical reports seen by The Observer indicate that the dismissed student was examined twice at May Fair Clinic along Entebbe road on June 22. The first report shows tests for sexual assault of the victim while the other concentrates on injuries.
"The student is reportedly accused of having sexually involved with a boy unnaturally (sodomised)," reads part of the report.
Dr Andrew Kiyegga, who conducted the first examination, found the student HIV negative, physical condition and mental status normal with no injuries on the head, neck, chest, abdomen and genitals.
On the buttocks and anus, Kiyegga noted "normal muscle tone of the anal sphere muscle and no bruises noted around the anal."
In another report, the expelled student's mother narrated to the examining officer, Joan Kayegi, that her son was assaulted by a group of students who insisted that he was a homosexual, a reason they cited for beating him before the expulsion.
General examination of the student showed that he was in pain. Kayegi noted swellings on both the upper arms and upper back of the student. She also noted moderate tenderness on the left side of his face, back, chest and both legs. She recommended proper medication for the victim since he reported then that "when he sits for some time, the legs feel paralysed for some time then get back to normal."
Police deputy spokesman, Patrick Onyango, said it was the parent's initiative to subject their child to medical examinations.
"We were still organising to first get consent from the parents since he is below 18 years but they worked ahead of us. Our records show that there was no penetration effected in this case," Onyango said when interviewed this week.
When asked if police is still looking into the matter, Onyango said the issue was handled at school level.
"Both parents decided that their issue should be solved by the school administratively since the children are still young," he said. "The mere fact that the students are still young, we don't want to interfere with their future."
The student's relatives remain concerned that Kisubi police is "micromanaging" their case and has not given them any updates.
"If the OC station feels he has conflict of interest, let him refer the case to his bosses. We have never agreed to sort this issue from school. We reported at police because the school failed to give justice to our child," the child's uncle said heatedly.
"Police could fear to investigate because it is at the mercy of the school given the fact that [Kisubi police] is located on part of its land."
Other sources claim that one of the school's witnesses presented to the parents is also no longer at SMACK.
"They first told us the student ran mad but on further probing, some students said he fell sick and his parents transferred him to another school," our said.
SCHOOL MUTE
Countless efforts to get comments from the school management remained futile. On Friday last week, we visited the school but Aganyira declined to meet us.
He, instead, talked to this reporter on phone as she remained stuck at the gate. "We are in Uneb exams and you cannot see me. We don't allow any visitors in the school," Aganyira said.
The female gate attendant also pointed out that The Observer did not have an appointment. Aganyira was furious.
"Why do you want to force things? Do you want me to send you to people who gave us these directives? This is a security issue and you should return when examinations are done," he said, asking this reporter to hand over the phone to the gate attendant.
On Monday this week, the SMACK deputy, Mpanga, contacted this reporter at 5:31pm. He asked for a meeting with Aganyira at the school on Tuesday at 10am.
"… I know you have a story you want to publish about Kisubi. You are a young girl and I don't want to ruin your [journalism] career. You come and get our side of the story," Mpanga said.
When this reporter insisted that her previous visit had been blocked, he acknowledged seeing her at a distance but promised that entrance would be granted this time. At 7:31pm that very Monday, Mpanga rang this reporter again calling off the meeting.
"We shall be in town [Kampala] attending to some issues. So, that 10am meeting on [Tuesday] will not take place. We shall communicate to you another date," he said.
nangonzi@observer.ug
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