The 12-year-old girl who killed her father over unmet Christmas demands in Longechuk County in Upper Nile State on December 12 last year has been transferred to a refugee camp in neighboring Ethiopia.
The girl stabbed the father to death when he tried to discipline her after she became unruly when he told her he did not have money to buy her Christmas clothes. She was not arrested as officials said the matter would be settled traditionally.
Dak Tut Dey, the county commissioner, told Radio Tamazuj that the transfer of the girl to Ethiopia to stay with one of her paternal uncles was decided by a council of elders as per traditional cultures.
“After the incident in which the girl stabbed her father to death while she was being disciplined after she was unhappy that she was not bought Christmas clothes, we referred the matter to the community elders,” Commissioner Dak said. “Rituals were conducted and the young girl was handed over to her paternal father to raise her.”
The local official said it was decided that the girl be handed over to a paternal uncle who stays in Ethiopia two weeks ago because it was necessary to help her heal. He pointed out the aggrieved family remained united because the incident was not premeditated.
According to the Child Act, 2008, Chapter (10) Section (138) states that it is to be presumed that a child between ages twelve and fourteen lacks, the capacity to appreciate the difference between right and wrong, and cannot act in accordance with full appreciation unless it is proved beyond reasonable doubt that such a child has that appreciation and is able to act in accordance with appreciation.
In addition, Section 49 of the Penal Code 2003, provides as follows: No act is an offense, which is done (a) by a child of ten years and below; (b) by a child above ten years of age but under fourteen who has not attained sufficient maturity of understanding to judge the nature and consequences of such act; (c) the provision of this section shall not affect any civil claim by the aggrieved party against the guardian of the child.