It is a sigh of relief for two directors and three teachers of Joy Garden Primary School who had been arrested following the death of a pupil after Makadara law courts discharged them and closed their file.

The court closed their miscellaneous file and freed them after  the investigations  were completed with a recommendation for a public inquest as opposed to them being charged with murder.

The five; Jane Waithera Kimani, James Mungai Gachimo, Caroline Nthio Matheka, Anthony Mwangi Kimani and Vanice Kerubo Bosire were arrested following the death of a boy who allegedly fell from the seventh floor of the building hosting the school.

According to the family of the deceased boy, the school management informed them that their 13-year-old son fell from the seventh floor of the school building at around 6 pm on Friday.

The Magistrate while releasing them noted that it would be double speak on the part of the court to sustain the file.

“Since the ODPP had already given its recommendation, it for the police to forward the file to court and that cannot be the basis for sustaining the miscellaneous application,” said the Magistrate.

The five through lawyer Danstan Omari has asked the court to close the file since investigations had been finalized and exonerated them.

“Since the investigations had exonerated 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,” argued Omari

The family of the deceased and the prosecution wanted the court not to close the file arguing that the file should remain active pending the launch of the inquest proceedings.