Makadara Law Court has released two directors and three teachers of Joy Garden Primary School who had been arrested following the mysterious death of a Grade 8 pupil in March.
The court consequently closed the miscellaneous file, stating that investigations into the incident had been completed.
Further, the court has recommended a public inquest instead of pursuing murder charges, noting that maintaining the file would be contradictory.
“Since the ODPP has given its recommendation, it is up to the police to forward the file to court and that cannot be the basis for sustaining the miscellaneous application,” the court ruled.
The five had asked the court to dismiss the case through lawyer Danstan Omari since investigations had acquitted his clients.
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“Since the investigations had exonorated the respondents, it would be prejudicial to their rights to maintain the miscellaneous file, as that would mean the conditions earlier on imposed by the court would be subsisting that limiting their liberty,” Omari said.
However, the deceased's family countered Omari's plea because the file should remain active pending the inquest proceedings.
Wesley Njiru fell from the seventh floor of one of the school's buildings on March 15, 2024.
Detectives from the Directorate of Criminal Investigations (DCI) visited the school and obtained CCTV footage in a bid to establish events leading up to the boy's death.
