The main suspect in the deaths of 10 Moi Girls High School, Nairobi, students, that were caused by a fire tragedy, has been found guilty of manslaughter.
The court has been satisfied that the suspect was responsible for starting the fire that led to the deaths of the 10 and left several others injured.
The tragedy happened on September 2, 2017.
Justice Stella Mutuku convicted the girl, codenamed T.W.G because of her minority status, of manslaughter because the prosecution failed to prove the murder charges.
T.W.G was a form one student at the school when she committed the act. She was 14-years-old then but as of now, she is 18.
"It is, therefore, the finding of this court that the Prosecution having failed to prove the element of malice aforethought in respect of this case, this court is not able to find the subject guilty of the offence of murder," ruled justice Mutuku.
The Court further ruled that it was not clear whether the suspect started the fire with the intent of killing her colleagues.
Justice Mutuku said it is clear that the suspect never wanted to be a student of the school prompting her to commit arson.
"To me, it seems like an action born of desperate attempt to make her be transferred from this school by all means.
"Her aim may have been to just start the fire and burn the building without hurting anyone but it was ill-intentioned given that the building had two floors, ground and first. There was going to be casualties as a result of the fire," the judge added.
The Prosecution team pressed murder charges against the accused arguing that she had asked for forgiveness from her classmates in advance for what she was about to do.
T.W.G is remanded at Lang'ata Women Prison awaiting her sentencing on January 4, 2022.
