Court frees students accused of burning dormitory, cites poor investigations
The suspects in the dock on October 2, 2020.
What you need to know:
- The suspects were accused of setting a dormitory on fire which killed two learners in 2010.
- While delivering the judgement on Friday, Justice Jairus Ngaah said the prosecution did not prove its case beyond reasonable doubt.
- Justice Ngaah cited that the investigating officer relied on circumstantial evidence to charge the accused.
The High Court in Nyeri has acquitted 11 former students of Endarasha Boys' Secondary and two locals accused of setting a school dormitory on fire which killed two learners in 2010.
While delivering the judgment Friday, Justice Jairus Ngaah ruled that the prosecution did not prove its case beyond reasonable doubt.
Some of the suspects in a Nyeri court.
Justice Ngaah said the investigating officer relied on circumstantial evidence to charge the accused.
He said the police conducted poor investigations and that the evidence against the accused was insufficient to convict them.
“It turned out that there was a misstep in the investigations when the court heard that during a hearing, police did not record two crucial investigations,” the judge said.
Poor investigation
According to the investigations report, the judge noted that none of the witnesses testified that they saw the accused commit a felony.
“The only evidence is that they were seen walking in and out of the dormitory on that fateful day,” Justice Ngaah said.
Justice Ngaah also said that the investigating officer relied on anonymous notes written by the students.
One of the suspects reacts in the dock.
The anonymous notes mentioned nine names from which the school extracted the suspects. However, none of the notes were presented in court during trial.
“It is said that the notes from which the investigating officer charges the suspects were burnt before being presented to police,” said the judge.
Families react outside the court following the ruling on October 2, 2020.
He also noted that the investigating officer did not test substances handed over to him by the police for fingerprints.
The students were Oby Tylene Oyugi, Derrick Wambugu, Davin Ndung’u, Andrew Kandia, Edward Karugu, Stephen Ndirangu, Wilson Wahome, Peter Njoroge, Arnold Mwaura, Ayub Kung’u, Kevin Muya and Gerishon Mwangi.
They were charged with two counts of murder alongside businessman Fredrick Githinji Wangai, who was linked to a petrol station where fuel to burn the school was said to have been bought, and Stephen Mwaniki Mutahi, a boda-boda rider.
