A court in Nakuru has directed that an 11-year-old boy accused of stabbing his brother to death following a dispute over a phone charger be remanded in a children’s home for three days.
Principal Magistrate Bernard Mararo issued the orders on Monday after the prosecution asked for time to consult on whether the Standard Five pupil should be charged.
While the police insist on charging the minor with manslaughter, his lawyer seeks to have the court dismiss the charge on grounds that the boy has no capacity to be charged.
SOCIAL INQUIRY REPORT
According to the lawyer, the law provides that a person below 12 years has no capacity to commit a crime and, consequently, the boy did not know that he should not kill his brother.
“In view of the submissions, the prosecution is granted time to respond to the counsel of the subject. The minor [should] be remanded at the Nakuru Children’s Home pending a social inquiry report,” ruled Mr Mararo.
The minor is alleged to have killed his 15-year-old brother on December 31, 2019 at their home in the outskirts of Nakuru town.
The two brothers are said to have picked a quarrel after the minor disconnected a charger from his elder brother’s mobile phone.
Neighbours said the boys’ parents had travelled to their rural home for Christmas, leaving them in the custody of their uncle.
The court will make its decision on whether or not to charge the boy on January 16, 2020.