St Augustine’s headmistress, 4 others to undergo mental test

A headteacher and four other school employees facing murder charges after a pupil was ran over by the school's bus will undergo psychiatric examinations before they plead to the charges.

Justice Dora Chepkwony issued the orders Thursday while delivering a ruling in which prosecutors had sought to have the accused undergo pre-charging processes before taking plea.

MURDER CHARGES

St Augustine’s Preparatory School in Mombasa headmistress Sara Kesi, bursar Venant Mwaliko, Valdi Mbadi, mechanic Abednego Fundi Mwendwa and bus conductor Charo Kazungu Charo will report to the county commander and have their fingerprints taken by police.

The five have been charged with the murder of six-year-old Jeremy Masila, who was ran over by the back wheels of the bus when he fell down through an opening on its floor.

During their appearance in court Thursday, the accused were informed of the charges facing them but did not take plea.

Justice Chepkwony also directed that the accused be released on a Sh1 million bond and report to the police every Monday until they take plea.

The judge also directed prosecutors to supply the defence with all documents they intend to rely on during the trial.

PETITION

In her ruling, she noted that the decision to bring charges against the five lies with the Director of Public Prosecutions (DPP) and that the defence will be at liberty to challenge their prosecution by filing a constitutional petition or by way of evidence during trial.

Justice Chepkwony also directed the media to report the case in accordance with the guidelines issued by the Judiciary on covering court cases.

On Wednesday, when the accused first appeared in court, they said they intend to challenge their prosecution.

Instead, the five want the DPP to open an inquest into the boy’s death.

Through their defence lawyers - Gikandi Ngibuini, Francis Kadima and William Wameyo - they described the charge against them as ridiculous.

“I urge the office of the DPP to open an inquest and not to charge (these) people with murder, it is a waste of time,” said Mr Gikandi.

FORCES

Mr Ngibuini accused the DPP of being pressured by social media and political forces to bring charges against their clients.

He argued that the incident was as a result of an accident and wondered where the intention to kill the six year old boy was.

“We have five people who on a daily basis have been taking care of the children, unfortunately an accident occurred,” Mr Ngibuini told the court.

Another defence lawyer, Francis Kadima, said it was the first time he had seen an offence created "in this manner" and hence it is something that requires serious interrogation.

For his part, Mr Wameyo said his client is the school bursar and is not involved in the transportation of children.

Senior Assistant DPP Alexander Muteti told the court that prosecutors are ready to defend their decision to charge the accused.

Mr Muteti dismissed their calls, saying an inquest is normally ordered when there is doubt about the death of a person.

He also denied claims that there was pressure from social media and politicians to bring charges, wondering what political pressure would be exerted when a six-year-old boy has died.

“The DPP is not subject to any pressure, whether social or political," said Mr Muteti. "The totality of submissions betrays one fact on the part of the defence — they have not paid attention to the Victims Protection Act,” said Mr Muteti

The case will be mentioned on August 21.