A student who started a fire that led to the death of her 10 colleagues will know her fate on February 24.
The student, who is now 18-years-old, appeared in court yesterday for mitigation before trial judge Stella Mutuku. The session was held in camera. Media was not allowed in.
The 18-year-old was in December last year found guilty of manslaughter.
In convicting her, Justice 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.
“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 were going to be casualties as a result of the fire,” she said.
The judge said her hatred for Moi Girls Secondary School led her to start the fire not with the intention of killing her school mates but to get transferred by any means.
“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 fire,” observed the judge.
The judge in convicting the accused said the prosecution, having failed to prove the element of malice aforethought, she is not able to find her guilty of murder.
“Consequently, I find her not guilty of the 10 counts of murder she is facing. She is hereby acquitted of the 10 counts of murder but I find her guilty of 10 counts of manslaughter,” the judge said.
Forty two witnesses testified in the case. BY THE STAR