Balancing children's right to education and criminal responsibility in arson cases in Kenya

Abstract

The arson incident at Moi Girls Nairobi was a wake-up call to the Ministry of Education. Kenyans watched as firemen struggled to put out the raging fire. 9 students died. Property was lost to the fire. Many fires had been reported, many more came thereafter. This prompted various schools to take measures to insure themselves against future fires. Many reasons have been given for what is now a phenomenon, including a lack of awareness and support for student with mental health issues and the fact that the students are using the fire as political action. The Kenyan courts in determining these matters have increasingly ordered that the students suspected of the incidents of arson be accepted back in the schools.1 This study seeks to find out the role of the Kenyan courts and other stakeholders in the mitigation of arson; from the backing of the right to property and the right to education to the creation of a balance. It also seeks to investigate the role of the right of property in encouraging arson and in its mitigation or eventual curbing