A Nyeri court has acquitted all the 14 suspects in the case of the Endarasha High School’s dorm fire in which two students died in 2010.
Justice Jairus Ngaah ruled that the murder was proved beyond a reasonable doubt but could not link the suspects to the crime since non of the witnesses saw none of the accused in the act.
The suspects include 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 Gershon Mwangi.
The students were charged together with Nyeri businessman Fredrick Githinji Wangai, who was linked to a petrol station, and Stephen Mwaniki Mutahi.
Speaking after being acquitted, one of the suspects criticized the police, who according to him wrongly arrested him besides having nothing to do with the fire.
Ndung’u – one of the suspects. was a FORM one students at Endarasha when the case broke out, but managed to finish his high school education as the case proceeded.
He said the case hurt his employment opportunities as he could to secure a certificate of good conduct.
“I am grateful to the judge for delivering justice,” Ndung’u as reported by the Standard.
Form one students – Kennedy Karungu and Joseph Mwangi died in the fire that occurred on the night of October 17, 2010.
Students had unsuccessfully tried twice to burn the school in Nyeri in 2011
In that year, Nyeri High Court Judge Joseph Sergon was told that the authorities at Endarashe High School in Kieni West District, Nyeri County had on two occasions halted arson attempts by students.
According to a teacher at the school, Mr. William Mbogo Githu in 2011 said students tried to burn the school again early that year and immediately after reopening for the third term.
Mr. Githu, however, told the court that the school was steadily recovering from the indiscipline experienced last year.
In 2018, the government wanted the 12 students from Endarasa Boy’s High School accused the fire that led to the death of two students issued a death sentence.
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State Counsel Njagi Njue during his time of submission told Justice Ngaah that the Director of Public Prosecution was relying on circumstantial evidence to have the 14 suspects convicted for murder.
“In light of circumstantial evidence by witnesses, this court should put the accused persons on their defense,” Njue said.
According to Njue, the 14 suspects were either directly or indirectly responsible for the fire that killed the students.
