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Court allows family of boy, 14, who allegedly killed nephew, six, over homework to settle matter out of court

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The High Court in Eldoret has been asked by a 14-year-old youth accused of killing his older brother’s 6-year-old child to divert the case.

Similar to plea bargaining, diversion involves the parties to a case talking with the prosecutor about settling the case outside of court and coming to an agreement on a punishment.

In cases involving minors, diversion aims to settle the matter outside of court in order to stop kids from turning into hardened criminals if they are imprisoned at a young age.

The minor was taken into custody by Moiben police. After being questioned, he confessed that a fight over homework had led to the unintentional death of his six-year-old nephew.

The accused claimed that when the younger boy, who was his elder brother’s child, refused to do his homework, he struck him on the head with a stick and knocked him out. The young person was rushed to the Moi Teaching and Referral Hospital (MTRH), where he succumbed to his brain injury.

The class seven student informed the court through his attorney Loureen Isiaho that family members have addressed the matter and are prepared to accept diversion.

State Counsel did not object to the accused’s application, but instead asked the court to enable the parties to meet with the prosecution and their attorneys to discuss it further.

The High Court in Eldoret has been asked by a 14-year-old youth accused of killing his older brother’s 6-year-old child to divert the case.

Similar to plea bargaining, diversion involves the parties to a case talking with the prosecutor about settling the case outside of court and coming to an agreement on a punishment.

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In cases involving minors, diversion aims to settle the matter outside of court in order to stop kids from turning into hardened criminals if they are imprisoned at a young age.

The minor was taken into custody by Moiben police. After being questioned, he confessed that a fight over homework had led to the unintentional death of his six-year-old nephew.

“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.

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