The High Court seating in Naivasha has now found a thirteen year old boy charged with killing his 11-year-old girlfriend a year ago guilty of murder.
The court has further placed the minor on a three-year probation sentence in Kimumu rehabilitation center in Eldoret for counseling.
The class three student at Githinji primary school in Kinangop had being charged that on the 5th of July 2016 at Kibuyu village in Magumu he murdered Mary Nduta Wairimu.
High Court Judge Christine Meoli termed the accused as a minor who had come from a difficulty background and a dysfunctional family and needed a lot of counseling.
In his defense the minor who was represented by lawyer Francis Mburu said that some forces directed him to stab the minor whom according to him was his girlfriend.
The boy said that while having intercourse with the deceased a tall man with a panga and a shiny knife appeared and issued him with the orders.
He said that the stranger directed him to stab the girl several times before he went to the deceased sister and informed her what he had done.
But in her ruling, the judge trashed the accused defense adding that it did not hold water and that it was unbelievable.
The judge noted that from evidence adduced in court, the girl could have rebuffed the boy from having intercourse with her leading to the fatal attack.
Meoli noted that minutes before the minor died, she had clearly told her relatives the person who had stabbed her three times.
“The accused defense is unbelievable, conjured to absolve him and the prosecution has proven the case beyond any reasonable double,” she said.
On the accused defense that a mysteries man who was dressed in a dark cap appeared during the incident, the judge termed this as fiction and an invention of the minor.
She added that during the trial, the minor was careful to cover any loophole or crack adding that he too had a fertile but corrupted imagination.
The judge noted that it would be unfair to return the minor back to the harsh background that he had been raised in adding that he need counseling and education.
“There is no need to send the boy back to the dysfunctional background but to a place where he can be rehabilitated and undergo psychotherapy counseling,” she said.