Strong worded ruling in school
arson case sends shock waves
By Martin Masai
EVEN as a Machakos Court set free four school boys charged with burning down a dormitory at Kitie Secondary School, the ruling amounts to an indictment of the school’s management as a whole.The ruling is so harsh on the administration of the school that Principals with similar cases pending in court are having sleepless nights and stupor on their part is likely to be exposed in court.
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| Mr Simon Kitheka |
Kitie Secondary school students were discharged under Section 210 of the Criminal Procedure Code by the Machakos Senior Principal Magistrate Mrs. Julia Oseko for lack of evidence to warrant them to be put on their defenses. The accused- Masters Stephen Muli Kithimba, Zacheus Mutua Munguti, Michael Wambua and Suleiman Kioko Keya were charged that on July 26,2008, they willfully and unlawfully set on fire a dormitory at the school.
Mrs. Oseko took on Principal Simon Kitheka, dismissing him as dishonest and that he lied to the court in an effort to have the boys convicted for other reasons and not evidence adduced.
She chided the school’s administration for not having a gate or a perimeter fence, creating an opportunity for anyone to walk into the school and set the dormitory ablaze.
She said the fact that the school did not have a perimeter fence and a gate exposed the school to a free for all situation where strangers could gain entrance from every corner.
The court took issue with the investigating officer Mr.Joseph Keru for displaying sheer incompetence, adding police investigators are supposed to be factual.
The Magistrate said the investigators are required to avail equal protection to both the accused and the accusers as they area both consumers of justice.
He was accused of “trusting” the school administration by assuming they were telling him the truth. “He even trusted the Principal who was even not present at the time of the said incident”. The Investigating Officer, she lamented was unable to identify the accused students in court adding “it is surprising when an investigating officer fails to identify people he has taken before court”.
The Magistrate said it was her considered opinion that the Investigating Officer did not investigate the case at all and that the boys were in court purely because Mr Kitheka identified them for arrest without any shred of evidence of their culpability.
Dismissing the case, Mrs. Oseko said there was no evidence to indicate the involvement of the four accused students either individually or jointly. “This is a case that should not have been brought to this court”, she declared as she set the accused persons free, triggering celebrations outside the courtroom as the boys hugged their parents and relatives.
The Anchor will run verbatim the ruling by Magistrate Oseko in the next issue. It is a compelling read!
