What you need to know:
- The 14-year old said the younger child, who was his elder brother’s child, had refused to do his homework and he had hit him with a stick on the head, causing him to pass out
- The minor died from the head injury upon arriving at the Moi Teaching and Referral Hospital (MTRH) where he was rushed for medical attention
- Through his lawyer Loureen Isiaho, the class seven pupil told the court that family members had discussed the issue and are ready to embrace diversion
- Prosecution said the matter was complex and it needed more time to establish the motive of the killings and whether other people were involved
A 14-year-old boy accused of killing his elder brother's six-year-old child has requested the High Court in Eldoret to enlist his case for diversion.
Diversion is similar to plea bargaining, where parties involved in a case discuss with the prosecution to settle the case out of court and agree on a penalty.
In cases involving minors, diversion aims at settling the matter out of court so as to prevent children from becoming hardcore criminals if jailed at a tender age.
The minor was arrested by police officers from Moiben. Upon interrogation, he admitted that he had accidentally killed his six-year-old nephew following a fight over homework.
The accused said the younger boy, who was his elder brother’s child, had refused to do his homework and he had hit him with a stick on the head, causing him to pass out. The minor died from the head injury upon arriving at the Moi Teaching and Referral Hospital (MTRH) where he was rushed for medical attention.
Through his lawyer Loureen Isiaho, the class seven pupil told the court that family members had discussed the issue and are ready to embrace diversion.
State Counsel did not object to the application by the accused, and instead requested the court to allow the parties to meet with the prosecution together with their lawyer for further engagement on the application.
While making an application to divert the case through his lawyer, the minor reiterated his remorsefulness about the unfortunate incident.
“We have received an application by the accused’s lawyer, requesting that we refer the matter to diversion. We are not objecting to the application, but we will need more time to analyse the case before reporting back to this court,” the state counsel told the court.
Court documents indicate that the accused killed his nephew on the night of August 28, 2022 at Moiben village in Moiben sub-county.
The prosecution had told the court that the matter before them was complex and that they needed more time to establish the motive of the killings and whether other people were involved.
The minor who was accompanied to court by his father has since been released on a personal bond.
Justice Robert Anuro directed the matter to be mentioned on April 14 for further directions.
The Office of the Director of Public Prosecutions (ODPP) developed a diversion policy to enable prosecutors to divert cases from the court process, and allow matters to be settled out of court on merit and through agreed structures.
Diversion shifts those involved away from arrest, prosecution, and incarceration. It minimizes contact with the criminal legal system, while often letting participants remain in their communities.