Moi Girls killer student to spend five years in prison

  by Nancy Gitonga

@PeopleDailyKe

A former Moi Girls Nairobi student who started a fire that killed 10 of her schoolmates in September 2017, will serve five years in prison. The girl, identified as TWG was found guilty of manslaughter on December 16, 2021.

While passing the sentence yesterday, Justice Stella Mutuku declined to impose a non-custodial sentence on the former student, saying the offence of manslaughter is a serious one that called for a custodial sentence.

“I will sentence the subject TWG to imprisonment for a period of five years in each of the 10 counts of manslaughter she is facing. The period of that sentence of five years shall be served concurrently. And shall take effect from the date of her conviction,” she ruled.

The former student who is now 18 years was granted 14 days to appeal.

Immediately Justice Mutuku delivered the sentence, families of some of the students who died in the fire, expressed disappointment, terming it a slap on the wrist.

Addressing the media outside Milimani Law Courts, the relatives expressed shock at the sentence, terming it “too lenient”, adding that they had hoped the court would impose a stiffer sentence.

“My granddaughter was my darling. When she was leaving, she came to my house and said ‘Babu, I’m going back to school on August 28’. On September 2, 2017 she died,” said William Ogolla, whose granddaughter perished in the inferno.

Seeks leniency

“I thought it was going to be a stiffer sentence,” Maryanne Mwangi, who lost her daughter in the fire tragedy said.

Maryanne is the mother of the late Wambui Leah aka Bubbles. She was only 14 when she met her death.

Wambui’s mother expressed hope that the sentence will serve as a deterrent to other students owing to the current spate of fires in schools.

“For sure nothing will ever bring my ‘Bubbles’ back, whether the convict stays in jail forever or not. I am still trying to process the lenient sentencing. I have no words only to say it has been a long emotional journey,” she added.

While handing down the sentence, the court noted that even though the offence of manslaughter attracts a penalty of life imprisonment, the offender was a minor at the time of committing the offence.

The judge stated that the circumstances of the case against the convict is one that put the court in a dilemma as she had transitioned from a minor aged 14 in Form 1 at the time the offence was committed, to a young adult aged 18,  when the case was concluded.

“It is obvious that this court is faced with a dilemma over the criteria to be applied while passing sentence here. Should the court take into account the age of her at the time of committing the offence? Should the subject be sentenced as an adult or as a minor?” she said.

The judge noted that she took into consideration the Impact Statement of the parents of the victims and the probation officer’s report, the girl’s mitigation and the sentence policies guidelines.

“It is clear the families are still grieving. Life will never be the same but the subject is remorseful. She regrets her actions and she seeks leniency from the court,” Mutuku said

“I am dealing with a case of manslaughter, which is a case of great magnitude in the sense that 10 young lives were lost. We cannot turn back the clock, we cannot undo what has already been done,” she went on.  

In her mitigation, the convict said: “I ask the victims’ families to find it in their hearts closure, healing and forgiveness.”

She said the time she served while the trial proceeded has been an eye opener.

The court heard that the family of the convict was unable to contact the victims families, for reconciliation due to the animosity towards them.