A standard seven pupil from JK Moi (Kaburwo) primary school in Koibatek Sub County who is alleged to have killed a fellow classmate was on Wednesday arraigned at Kabarnet High Court and charged with murder.
The pupil whose name could not be mentioned due his age was charged with murder contrary to section 203 as read with section 204 of the penal code cap 63 laws of Kenya.
The charge sheet states that on January 8th 2021 at about 3:45pm, he hit his fellow classmate namely Tony Lobenyo on the head using a piece of wooden plank. The victim fell down unconscious and was rushed to Mercy Mission hospital in Eldama Ravine only to be pronounced dead later.
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While appearing before Justice Justus Bwonoga, the accused pleaded not guilty to the offence.
“I did not intend to kill him, it was accidental, we just had a heated altercation and I just discovered that I had hit him on the head,” submitted the suspect.
The Prosecution counsel George Mong’are while presenting his submissions stated that the accused had been cross examined and is fit to stand trial.
Mong’are tabled before the court copies of the evidence which includes photographs of the scene, victim and postmortem report from Moi Teaching and Referral hospital, Eldoret.
The accused advocate, Julius Kiptoo prayed to the court to consider his client as being a minor and that the court handle him with lenient terms.
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“I would like to pray the court to consider him as a minor. It was not with intent and we are ready for the plea,” said the advocate.
Justice Bwonoga after hearing the case ordered that the accused be remanded in the Juvenile wing of Nakuru Prison.The case will be mentioned on February 11th 2021 and the pre- trial will be held on February 25th 2021.
From an occurrence book (OB) at Eldama Ravine Police Station, on January 11th 2021, the school head teacher Mr. Christopher Karanja in the company of other teachers, recorded that the wooden plank was recovered by the teacher on duty and was handed over to the police.
KNA by Laban Kiptoo and Christopher Kiprop
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