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Rift Valley
Two pupils who killed a class prefect for listing one of them for punishment for speaking vernacular in school have been put on a two-year probation.

Two pupils who killed a class prefect for listing one of them for punishment for speaking vernacular in school have been put on a two-year probation.

High Court Judge George Dulu, sitting in Kericho, sentenced the two pupils identified in court documents as RKK and VKB to a probation term after their own plea of guilty to manslaughter charges.

The minors had opted to enter into a plea bargaining agreement with the prosecution that saw the initial charge of murder reduced to manslaughter.

“In the circumstances of this case, therefore, where this incident arose out of a foolish fight with no weapon used, I put each of the two accused herein on probation for two years, and from today to be of good conduct, and in default they are liable to alternative sentence as applicable,” ruled Justice Dulu.

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The court heard that the first accused, a 14-year-old Standard Seven pupil, was annoyed that the class prefect had listed him for punishment for speaking in vernacular and accosted him.

After the two picked a fight, the accused was joined by his elder brother, aged 16, who was then in Class Eight.

Together they beat up the prefect until he fell unconscious. The prefect later died in hospital.

Justice Dulu pointed out that the offence would have attracted a stiffer sentence if the accused were older.

“Unfortunately, such behavior among young persons is becoming very common in Kenya these days. Such conduct has to be discouraged. If the accused were not young persons as defined under the Children's Act, I would certainly have put them in jail,” said Justice Dulu.

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