Eleven former Endarasha Boys High School students accused of setting a dormitory on fire that killed two fellow students in 2010 have been set free.
This comes after a Nyeri court established that the prosecution failed to prove their case beyond a reasonable doubt.
Justice Jairus Ngaah said the murder was proved beyond reasonable doubt but questioned whether the accused were involved as none of the witnesses saw any of them.
“In the ultimate, the prosecution case failed, not necessarily because some of the accused persons may be innocent, but because the investigations were poorly conducted and therefore it is not possible for this court to pick the perpetrators of this heinous crime,” ruled Justice Ngaah.
“…I come to the conclusion that the prosecution has failed to prove its case against the accused beyond a reasonable doubt. Accordingly, the accused are acquitted of both counts of murder.”
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 were charged alongside businessmen Fredrick Githinji Wangai, who was linked to a petrol station, and Stephen Mwaniki Mutahi.
The accused students had been charged with the murder of killing Kennedy Karogo and Joseph Mwangi on October 17, 2010, in their dormitory that housed 180 Form One students.