By Ryan Mumo
Three students of Masinga Boys’ High School have been convicted over a dormitory fire that caused destruction estimated at more than Ksh 2.2 million, in a judgment that has reignited debate on school safety and student unrest.
In a landmark ruling delivered at the Principal Magistrates Court in Kithimani, the court found Leon Tsuma, Edwin Ouma and Eliud Junior Kavate culpable for the arson attack that gutted the Conquerors dormitory in the early hours of September 6, 2024.
Principal Magistrate Hon. Pwechuli ruled that the prosecution had proved its case beyond reasonable doubt against Edwin Ouma and Eliud Kavate, while Leon Tsuma was found guilty as an accessory to the offence.
“The state has proved the charges beyond reasonable doubt as against the 2nd and 3rd accused,” the magistrate stated, noting that the evidence placed the trio at the centre of the planning and execution of the crime.
According to court records, the fire broke out at about 1 a.m. The school’s deputy principal testified that he was alerted by a night watchman and rushed to the scene, where he found the dormitory engulfed in flames. Students were evacuated and temporarily housed in classrooms as a roll call was conducted.
The court heard compelling testimony from fellow students linking Edwin Ouma to the incident. One witness told the court he had given Ouma Ksh 50 earlier that day, only for Ouma to later confess in a whisper that he had used the money to buy fuel to burn the dormitory.
Another student testified that Ouma woke him shortly after midnight holding a bottle containing a liquid that smelled like fuel, declaring his intention to torch the dormitory. Moments later, the witness said, his mattress was on fire.
Investigators told the court that Leon Tsuma had conceived the plan and provided Ksh 100 to Ouma to purchase petrol. Although Tsuma claimed the money was meant for toothpaste, the court dismissed the explanation as implausible.
Eliud Kavate was implicated through evidence that he accompanied Ouma to buy petrol, a fact confirmed during investigations.
While a government analyst report did not detect traces of an accelerant, the court held that this did not negate the offence. The magistrate observed that accelerants could have completely burned or evaporated, and relied on circumstantial evidence and consistent witness accounts to establish guilt.
The accused had claimed their confessions were coerced through beatings by teachers, but the court found no independent evidence to support the allegations.
In his judgment, Hon. Pwechuli underscored that the burden of proof lies with the prosecution throughout a criminal trial and never shifts to the accused.
The court convicted Ouma and Kavate of arson contrary to Section 332(a) of the Penal Code, while Tsuma was convicted as an accessory. Sentencing will be delivered at a later date in accordance with the Criminal Procedure Code.
