Girl was playing with her peers when she was hit by a rock emanating from the explosion site 20 metres away.
A man was yesterday charged at a Kakamega law courts with the killing of a neighbour’s three-year-old daughter during the extraction of rocks using explosives.
Ben Mutuka was however not charged with murder but manslaughter after the Director of Public Prosecutions (DPP) intervened saying the girl's death was not intentional.
Mutuka was accused of killing Valarie Muruka on March 17 at Shinyalu, Kakamega East Sub County jointly with others who were not before the court.
Documents presented in court revealed that Mutuka and three others were drilling and blsting rocks at Mutuka’s compound on the fateful Sunday.
Muruka is said to have been playing with her peers when she was hit by a rock 20 metres away coming from the explosion site.
Muruka’s mother, Jackline Bukhala went out after the explosion only to find her daughter bleeding from the head.
She later succumbed to the injuries.
The miners were forced to escape from the scene to avoid confrontation by the public who were slowly pilling up at the scene.
The accused was arrested earlier this week after being on the run since March.
When he appeared before Kakamega Senior Principal Magistrate Hazel Wandere, Mboya denied the charges.
He was granted Sh100,000 bond with a surety of similar amount without an alternative of cash bail.
The matter shall be heard on November 4.