State seek death sentence on 12 students accused of torching dormitory killing two

The State wants 12 students of Endarasha Boys' High School accused of causing a fire that killed two colleagues eight years ago sentenced to death.

The students have been charged alongside businessmen Fredrick Githinji Wangai, who was linked to a petrol, station, and Stephen Mwaniki Mutahi.

In his submissions, State Counsel Njagi Njue told Justice Jairus Ngaah that the Director of Public Prosecutions was relying on circumstantial evidence to have the 14 suspects convicted for murder.

“In light of circumstantial evidence by witnesses, this court should put the accused persons on their defence,” Mr Njue said.

He said the 14 were directly or indirectly responsible for the fire that killed Joseph Mwangi and Kennedy Karogo on October 17, 2010.

He submitted that there was uncontested evidence that the fire was caused by human beings who used petroleum products.

“Circumstantially, the prosecution has been able to show the bodies were of a human beings and belonged to the two students,” Njue said.

The pathologist said the victims were burnt to death and ruled out the possibility that they died before the fire started.

Defence lawyer Njuguna Kimani opposed the State's submissions and asked the court to acquit his cleints.

The court will make its ruling on November 20.