A Class Two pupil at a school in Suba South, Homa Bay County on Monday killed his colleague as they played.
The two had been playing before they clashed. The older pupil aged 10, is said to have pushed his nine-year-old classmate against the wall.
The nine-year-old, who passed out, was rushed to Seka Health Centre where he was pronounced dead on arrival on Monday afternoon.
Homa Bay County Directorate of Criminal Investigations boss Daniel Wachira said the culprit will not be charged with murder.
“We have informed the dead boy’s parents of the incident, they have decided not to press any changes against the other pupil,” Mr Wachira said.