13 Lang’ata Boys High learners in court

Some of the 13 students of Lang'ata High School appear before Milimani Children's Court Magistrate Lucy Gitari to answer to charges of conspiracy to commit a felony and arson in Nairobi yesterday. (PHOTO: DAVID NJAAGA/ STANDARD)

Thirteen students of Lang'ata Boys High School in Nairobi were yesterday arraigned at the Milimani Law Courts for allegedly burning down two dormitories. The learners appeared before Children's Court Magistrate Lucy Gitari.

The prosecution sought 10 days to complete investigations.

Ms Gitari granted the prosecution's application and directed the students to be held at the Kamiti Juvenile Remand for five days.

Prosecutor Caroline Mutai said the accused allegedly participated in setting a school dormitory on fire, leaving 15 other students with injuries. She added that the suspects allegedly set 'Kidero' and 'Raila' dormitories on fire, which resulted in loss of property.

She applied for a custodial order, claiming the probe team was following links that could lead to the revelation of more information.

Ms Mutai said the offence committed was serious and that the investigation officer required more time because more property was destroyed.

"The students were arrested on July 25, 2016, on suspicion of conspiracy to commit arson, contrary to the law," said Mutai.

The prosecution also said the investigations were complex, incomplete and involved young ones who were both victims and suspects, hence the request for more time.

Fellow students

"The subjects are required to undergo thorough assessment in order to determine their ages and this will determine the appropriate court," said the prosecutor.

According to Mutai, the probe team was yet to record all the statements from fellow students and releasing the respondents would interfere with the process. She said the prosecution required more time because they were yet to receive a report on the fire to submit appropriate charges.

The prosecutor wanted the children to be detained at Lang'ata Police Station where they had spent the night. But the defence opposed the prosecution's application, claiming some of the students were not in school at the time of the incident.

They added that the prosecution was piling unnecessary pressure on suspects who are still innocent until proved guilty because of what was going on in the country.

The defence said the prosecution had not given compelling reasons to warrant their detention, arguing that Lang'ata Prison was inappropriate for students who were minors and supposed to be with their parents.

The students, through their lawyers, claimed the investigations could be done in one hour. But Mutai said phone records could not be retrieved in an hour due to the procedures involved.