• Principal Magistrate J.P Nandi gave the directive.
• This followed a decision by the detectives from DCI who were probing the matter to close the file.
Image: DICKENS WASONGA
A court in Bondo on Monday ordered Maranda High School to readmit six students linked to arson at the school early this month.
Principal Magistrate J.P Nandi gave the directive following a decision by the detectives from DCI who were probing the matter to close the file.
The detectives notified the court that their investigations did not unearth any evidence that linked the students to the fire that was reported at the school on November 7.
"The file having been closed, it is hereby ordered that the six suspects be readmitted at the Maranda High School," the copy of the magistrate's directive read in part.
The matter was before the principal magistrate on Monday for mention.
The students' advocate Felix Okech hailed the court's decision to free the students and for directing that they be allowed to resume learning.
However, in a new twist, the students' lawyer disclosed that he will be suing the school's deputy principal.
He claimed that the students were allegedly tortured in an attempt to force them to confess to being behind the arson.
"We will soon be moving to court to file the suit against the deputy principal," he said.
The school was closed on November 8, following a fire incident that gutted down one of the dormitories.
On November 15 , the school released a schedule on how the students were to report back.
One of the conditions was that each of the 2,469 students at the school were required to pay Sh2,500 as cost for the reconstruction of the burnt down dormitory. Every student was to report back to school accompanied by a parent or guardian.
According to the communication sent to parents, the decision was made following a board meeting held on November 11. Form one students reported back on November 22, being the first lot.
Form Fours reported the following day on November 23 , while Form two and three students were back on November 24 and 25, respectively.
In the communication, the school was to provide a mattress, two blankets, two bed sheets, and one bedcover to 178 students whose items were burnt in the fire.
The resolutions of the board of management of the school were communicated to the parents and guardians by the principal Edwin Namachanja.
Two weeks ago, a Bondo Court directed the police to release the six students arrested over arson in the school.
The students had been being held at Bondo police station for four days before being arraigned. Bondo Resident Magistrate Stella Mathenge directed the police to release the students immediately.
The students had earlier been detained for 14 days.
However, the magistrate ordered their release on a free bond.
This followed a successful application for review of the detention order by the accuseds' lawyer, Felix Oketch.
Oketch successfully argued that the continued detention of the students without a formal charge was a violation of their fundamental right to liberty.
The case was first mentioned on November 23 , 2021.
Siaya county director of education Nelson Sifuna said the decision to close the school was reached after a board meeting.
" The board arrived at the decision to give the school management time to reconstruct the 200-bed capacity dormitory that was destroyed by the fire," Sifuna said.
The 10.20pm inferno destroyed a 200-bed capacity dormitory at the school, used mainly by Form Four students.