[2020] KEHC 21 (KLR)
The court found that the prosecution, through the testimony of 42 witnesses and supporting technical evidence, had established a prima facie case against the Subject on all ten counts of murder. The evidence, which included accounts from classmates, dormitory mates, school staff, police, fire experts, and...
Source-derived case information.
- Citation
- [2020] KEHC 21 (KLR)
- Parties
- Applicant: Republic; Defendant: TWG
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Subject found to have a case to answer and placed on her defence.
- Judges
- FM Mutuku
- Legal Topics
- Murder, Criminal Liability, Burden of Proof, Arson, Juvenile Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
TWG
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the Subject on all ten counts of murder.
- 2 Whether the evidence adduced warrants placing the Subject on her defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of 42 witnesses and supporting technical evidence, had established a prima facie case against the Subject on all ten counts of murder. The evidence, which included accounts from classmates, dormitory mates, school staff, police, fire experts, and telecommunication service providers, was sufficient to require the Subject to be placed on her defence. The court emphasized that justice for the victims and the public interest required a full hearing of both the prosecution and defence cases before a final determination could be made. Accordingly, the Subject was found to have a case to answer and was placed on her defence for all ten...
Court Disposition
Subject found to have a case to answer and placed on her defence.
Orders
- The Subject is placed on her defence on all ten counts of murder.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 42 OF 2017
REPUBLIC......PROSECUTOR
VERSUS
TWG........................SUBJECT
RULING
TWG, hereinafter referred to as “the Subject” faces 10 counts of murder contrary to Section 203 as read with Section 204 of the Penal Code. All the ten victims were students of Moi Girls School Nairobi. The Subject was likewise a student at the same school. All the ten victims were being housed at Kabarnet Dormitory, so was the Subject. The events leading to the death of all the ten victims in this case occurred on the night of 1st and 2nd September 2017. On that night a fire started at Kabarnet Dormitory. Eight of the ten victims died at the Dormitory while two died while undergoing treatment in hospital. The Subject is accused of setting the dormitory on fire leading to the death of the 10 victims. She has denied the ten charges. This paved way for the prosecution to call 42 witnesses to prove the case against the Subject.
I have read with care all the evidence tendered by the witnesses. These witnesses include classmates, dormitory mates and friends of the Subject; the police officers who visited the scene and those who investigated the case; security personnel attached to the school; the school administration led by the Principal as well as the pathologist and other technical witnesses from the fire agencies and telecommunication service providers. The evidence from the classmates, dormitory mates and friends of the Subject show a child whose actions and behaviour can only be described as disturbing. As to whether this evidence proves this case beyond reasonable doubt or not can only be determined after closely analyzing and considering all the evidence by the prosecution and defence witnesses.
This is a case that has caused deep emotions and pain on the parents and relatives of the victims. It is a case that raises public interest. For the victims of this crime, justice can only be seen to have been done after taking evidence from both the prosecution as well as from the defence. With this in mind I will therefore make a finding that the Subject has a case to answer in all the ten counts. I hereby proceed to place her on her defence. orders shall issue accordingly.
DATED, SIGNED AND DELIVERED TODAY THE 30TH DAY OF NOVEMBER, 2020
S. N . MUTUKU
JUDGE