- The convict, who is now 18 years, was found guilty of manslaughter in December last year.
- The Judge took into account the subjects mitigations, statements from the victim’s family and pre-sentence report from the probation officer.
Image: FILE
Families of students who perished in Moi Girls School fire on Thursday expressed their disappointment with the sentence imposed on the convict.
She received a five-year jail term.
Speaking to the press, they termed the sentence imposed by Justice Stella Mutuku as too lenient.
“I thought it was going to be a stiffer sentence," said Maryanne Mwangi, a mother who lost her daughter in the 2017 incident.
"But nothing will ever bring my ‘Bubbles’ back to me whether the convict stays in jail forever or not."
Mwangi is the mother to the late Wambui Leah aka Bubbles. She was 14 when she died.
Her mother said her daughter’s bubbly attitude, kindness and love is what took her back to the dormitory to save others on the fateful day.
“I am still trying to process the lenient sentence," she said.
"I have no words only to say it has been a long emotional journey. Nothing seems to bridge the gap she left."
The convict, who is now 18 years, was found guilty of manslaughter in December last year.
She had been charged with the murder of the ten girls but the court reduced it to manslaughter.
Mutuku in convicting her said the prosecution failed to prove the element of malice aforethought. She was not able to find her guilty of murder.
“Consequently, I find her not guilty of the ten counts of murder she is facing. She is hereby acquitted but I find her guilty of the ten counts of manslaughter,” she said.
Mutuku also observed that the convict did not start the fire with the intention of killing her schoolmates but did so in a desperate attempt to get transferred from the school.
“Her aim may have been just to cause a fire and burn the building without hurting anyone," the judge said.
"However, it was ill intentioned, given that the building had two floors and there were going to be casualties as a result of the fire."
As she imposed the sentence on Thursday, Mutuku said, “It is clear the families are still grieving. Life will never be the same but the subject is remorseful. She regrets her actions and she seeks leniency from the court,”
The judge took into account the subjects mitigations, statements from the victims' families and a pre-sentence report from the probation officer.
The statements, according to the judge, are tales of grief and sorrow for the loss the families went through.
And in the convict’s mitigation, she told the court “I ask victim families to find in their hearts closure, healing and forgiveness.”
She said the time she served during the trial has been an eye opener.
The reports tabled in court show that the convict has since joined Technical University of Kenya.
She is taking counselling psychology classes and that she is genuinely sorry. She prayed for forgiveness from the affected families.
The court said she and her parents have not been able to approach the family of the victims due to animosity.
The court appreciated the offender was a minor at the time of committing the offence.
It also observed that no amount of punishment can satisfy the families that lost their children.
“This is a matter of great magnitude. We cannot turn back the clock. Sadly the victim’s family have to live with these memories for as long as they live," the judge said.
"They will always have to wonder what their daughters would have turned to be if they lived."
Manslaughter attracts a maximum penalty of life imprisonment.
The sentence will run concurrently. She has a right to appeal.
The Judge said the sentence will begin from the day she was convicted in December last year.
Wambui’s mother said she is hopeful that the sentence will serve as a deterrent to other students owing to the current spate of fires in schools.
“The convict wanted out of that school but no one listened maybe only Bubbles did," Wambui said.
"She was her mentor in school she was meant to take care of her, maybe that’s why she died."
William Ogola, a grandparent of one of the deceased students, said they are happy the case has come to an end.
“We expected a stiffer sentence, we are hurt the loss is irreplaceable," Ogola said.
"We call upon students in Kenya to desist from this issues of fire. It will not solve a problem."
Ogola said they will comply but reluctantly.
“The deceased was my first grandchild. When she was leaving, she told me“Babu, I’m going back to school on August 28 on September 2, she was dead.”
“If only I could see her body would have been comforted but she was burned beyond recognition," Ogola said.
"Let no other parent encourage our children to follow this trend, it's detrimental and retrogressive."