The 13 suspects were charged for being suspected of setting a dormitory on fire in which two students died.
Justice Jairus Ngaah delivered his judgment on Friday where he said the prosecution did not prove its case beyond reasonable doubt.
Justice Ngaah cited that the investigating officer relied on circumstantial evidence to charge the accused and did not meet the merit.
Nyeri High Court has acquitted 13 suspects among them 11 former students of Endarasha Boys’ High School and two locals accused of setting a school dormitory on fire which killed two learners in October 2010.
The Judge said the police conducted poor investigations and that the evidence against the accused was insufficient to convict them of murder. “It turned out that there was a misstep in the investigations when the court heard that during a hearing, police did not record two crucial investigations,” the judge said.
The judge said, no witness testified that they saw the accused committing the act, according to the judge, the witness said they only saw them walk in and out of the dormitory in the fateful evening.
The Judge ruled that the anonymous notes written by the students could not be relied on. The names of the suspects were extracted from the notes and even the notes weren’t submitted to court during the trial.
“It is said that the notes from which the investigating officer charges the suspects were burnt before being presented to police,” said the judge.
The Judge also notes that the officer in charge of investigations didn’t subject the items handed over to him to fingerprints tests.
The students were answering to two counts of murder. They included Oby Tylene Oyugi, Derrick Wambugu, Davin Ndung’u, Andrew Kandia, Edward Karugu, Stephen Ndirangu, Wilson Wahome, Peter Njoroge, Arnold Mwaura, Ayub Kung’u, Kevin Muya and Gerishon Mwangi.
Businessman Fredrick Githinji Wangai, who was linked to a petrol station where fuel to burn the school was said to have been bought, and Stephen Mwaniki Mutahi, a boda-boda rider.