W.J. and L.N. were class six pupils at J Primary School. Astarikoh Henry Amkoah was then a teacher at the school, as well as the Deputy Head teacher of the School.  On the 4th and 10th July 2010, the teacher had had sexual intercourse with W.J. and L.N., who were 12 and 13 years old then.  

The Teachers Service Commission (the “TSC”), a public authority established under Article 327 of the Constitution of Kenya, whose responsibilities included registering, recruiting, employing, and exercising disciplinary control over teachers, pursued a disciplinary action against Astarikoh Henry Amkoah because of these allegations. The matter was reported to the police and the respondent teacher was charged with defilement of the children contrary to Section 8(1) as read with Section 3 of the Sexual Offences Act No 3 of 2006. However, he was acquitted of the criminal charge of sexual abuse. 

W.J. and L.N, assisted by their parents, submitted a petition to Kenya’s High Court against Astarikoh Henry Amkoah, J Primary School, the TSC and Kenya’s Government, pursuing damages compensation for the alleged sexual abuse. They also claimed damages against the other respondents jointly for their responsibility regarding the actions of the teacher, and sued the Government of Kenya for failing to put in place measures to control sexual abuse of students in schools.