Judge overrules out-of-court talks for Sunshine students in arson case

A guard inspects a vehicle at the entrance to Sunshine Secondary School in Nairobi on July 23, 2016. The High Court has ordered eight students from Sunshine Secondary School in Nairobi to plead to charges of arson and conspiracy to commit a felony. PHOTO | ELVIS ONDIEKI | NATION MEDIA GROUP

What you need to know:

  • The students are now to be charged with the offence of committing a felony and arson.
  • The judge has also ordered that they appear before a magistrate court on August 2 to take plea.

Eight Sunshine Secondary School students accused of attempted arson must plead to the charges, the High Court has ruled.

Justice Luka Kimaru overruled a decision made by a lower court allowing an out-of-court settlement between parents of the students and the school's administration.

On Monday, Chief Magistrate Lucy Gitari granted the students seven days to settle the arson matter with the school administration.

However, on Tuesday, Director of Public Prosecutions Keriako Tobiko sought a review of the decision, saying there is sufficient evidence to charge the students with arson and conspiracy to commit a felony.

The school had requested the court to “give dialogue a chance” in resolving the students’ arson case.

The students will now be charged with the offence of committing a felony and arson.

On Thursday, Justice Kimaru ruled that the magistrate erred in her ruling, and the students should be charged as required by law.

He ordered that they appear before a magistrate's court on August 2 to take plea.

(Editing by Joel Muinde)