A court in Kakamega has acquitted four students who were expelled from Chebuyusi Secondary School for arson.
Resident Magistrate William Lopokoiyit noted that prosecution witnesses have abandoned the case after failing to testify for over 13 months.
The students were charged on July 20, 2018 with conspiracy to set two dormitories on fire
According to the charge sheet, the four who were Form Three students, are said to have planned to commit the offence on diverse dates between July 16 and 18 last year.
However, since they were arraigned, none of the prosecution witnesses have appeared to testify.
The suspects, through lawyer Victor Shivega, asked the court to dismiss the case due to failure by the prosecution to prove the charges.
“This matter has been in court since 2018. The accused persons were minors when the offence is alleged to have occurred. Currently, they are candidates for the national exam and it is in the interests of justice that they be released,” said Mr Shivega.
The prosecutor, Hilda Liguru, told the court that all the witnesses had been asked to attend court but none did.
Lopokoiyit ordered the four to be released and the cash bail they had deposited returned.
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