A student who started a fire that led to the death of 10 of her colleagues at the Moi Girls School, Nairobi, in 2017 has been found guilty of manslaughter by the high court.
In convicting her, Justice Stella Mutuku said the accused did not start the fire with the intention of killing her schoolmates, but did so in a desperate attempt to get transferred from the school by any means.
The judge said the accused 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 fire.
The judge said the prosecution, having failed to prove the element of malice aforethought, was unable to find the accused guilty of the offence of murder.
“She is hereby acquitted of the 10 counts of murder she is facing. Instead, I find the offence proved beyond reasonable doubt to be manslaughter in all the 10 counts.”
The court found her guilty of manslaughter.
On September 1, 2017, Kabarnet dormitory was gutted by an inferno that left 10 of the students who had just reported back to school dead and their families grieving the loss of their daughters.
The accused was at the time a minor aged 14 ,now 18 years of age.