By Amoto Ndiewo
A teenage school girl risks spending time in prison after a Nairobi court found her guilty of manslaughter in relation to a fire incident that killed ten of her colleagues and injuring scores.
The ex-student of Moi Girls, Nairobi who started an inferno that killed ten, leaving 51 others injured will be sentenced on 24th February 2022.
The 18 year old student who was found guilty of manslaughter on 16th December 2021 appeared for mitigation before Judge Stella Mutuku. The mitigation which will lead to the girl knowing her fate was done in front of the camera although the media denied access.
Before delivering the judgement, Stella Mutuku said the accused did not start the fire with intent to kill her school mates, but rather, she had a desperate attempt to be transferred from the school by any possible means.
“Her aim may have been just to cause a fire and burn the building without hurting anyone, but it was ill intentioned, given that the building had two floors and there was going to be causalities as a result of the fire. The subject, in her naivety, may have overlooked the consequences of her actions. Her attempt to wake some of her friends up was aimed at rescuing them from the killer inferno,’’ judge Mutuku said.
While convicting the accused in a case that had 42 witnesses, the judge stated that because the prosecution failed to prove the element of malice aforethought, she could not find her guilty of murder.
“Consequently I find her not guilty of the ten counts of murder she is facing. She is hereby acquitted of 10 counts of murder but I find her guilty of manslaughter. As a result I find her the offense proved beyond reasonable doubt to be manslaughter in all the counts,’’ said Justice Mutuku.
The minor is said to have committed inferno offense on the night of 1st and 2nd September 2017 at around 2:00am in Kabarnet hostel jointly with others not before the court.
The incident happened when girls had just reported back to school and the accused, then 14 years old was in form one.
During the incident, 51 students were injured and were taken to Nairobi Women Hospital. 40 were treated and discharged while 11 were admitted three with serious injuries.
In her defence the minor refuted prosecution claims that she had the matchbox which she allegedly used to burn her mattress and consequently the entire dormitory.
In the Kenyan justice system, someone found guilty of manslaughter can spend up to 11 years in prison.
