A 12 year old Standard Three pupil was this week charged before Naivasha
High Court judge Christine Meoli for killing his 11-year-old girlfriend
identified as Mary Nduta in Magumu village in Kinangop, Kenya.
The boy(pictured with his lawyer) from Kinangop allegedly stabbed the
girl to death on July 5, 2016,claiming that dark forces ordered him to
stab the girl three times as the two had sex.
The High Court found the boy guilty of murder. He denied the charge and
Justice Meoli directed that he be held at Engineer Police station in
Kinangop until the 28th of July when the case will come up for mentioning.
However, the court ruled that the accused was experiencing a difficult
childhood in a dysfunctional family and sent him to Kimumu junior
probation hostels for three years.
In his defence the boy, who was represented by lawyer Francis Mburu, said dark forces directed him to stab the girl.
The boy told the court that he was getting intimate with the girl when a
tall man armed with a machete and a shiny knife appeared and ordered
him to kill her. After stabbing the girl, the boy confessed to her
sister.
But in her ruling, the court dismissed the boy’s defence describing it
as incredible. The judge ruled that from evidence adduced in court, the
girl could have rebuffed the boy’s advances leading to the fatal attack.
Meoli noted that minutes before she died, the girl told her relatives the person who had stabbed her.
On the accused defence that a mysterious man dressed in a dark cap appeared to him before the incident, the judge termed it as fiction and an invention of the minor.
On the accused defence that a mysterious man dressed in a dark cap appeared to him before the incident, the judge termed it as fiction and an invention of the minor.
She added that during the trial, the boy was careful to cover any
loopholes describing him as having a fertile but corrupted imagination.
“The accused defence is unbelievable, conjured to absolve him and the prosecution has proven the case beyond any reasonable doubt,” she said.
The judge noted that it would be unfair to return the minor back to the
harsh background that he had been raised in, adding that he need
counseling and education.
There is no need to send the boy back to the dysfunctional background but to a place where he can be rehabilitated," she ruled.
Source: Standard Kenya
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