Judge acquits farm guard accused of watching teenager drown
A Kenyan High Court has acquitted a farm guard who was accused of murder following the drowning of a 13-year-old boy in a river. The court found insufficient evidence to hold the guard responsible for the death, which occurred after the boy fled from the guard during a trespassing incident.
Why it matters
The case highlights legal complexities regarding duty of care and criminal liability in incidents involving trespassing and accidental death.
The High Court in Kitale has acquitted a guard accused of murdering a teenager who drowned in a flooded river.
Lazarus Khaoya Mukhanya, a sugarcane plantation guard, was charged with murder following the death of 13-year-old Elijah Jabez Ekweny on April 30, 2023, at River Sabwani in Trans Nzoia county.
The prosecution alleged that Mukhanya chased Ekweny into the fast-flowing river and watched him drown without attempting a rescue.
"Lazarus Khaoya Mukhanya, the accused herein, is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars as per the information filed are that on 30-4-2023 at Sabwani River, Simatwet Village Sirende Location in Kiminini subcounty within Trans Nzoia county murdered Elijah Jabez Ekweny (hereinafter to be referred to as the deceased)," court records document.
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