A Kenyan court has denied bail to eight students from Utumishi Girls Academy who are facing murder charges over a dormitory fire that killed 16 students. The court's decision was made on the grounds that releasing the students could put their safety at risk and create problems for witnesses in the case. The students, who are minors, have been in custody since July after investigations into the May 28 fire.
The court, led by Justice Diana Kavedza-Mochache, considered reports showing that tensions surrounding the deaths of the 16 students remain high within the school and the neighboring community. The judge said the court had to balance the minors' right to liberty with the need to protect them, witnesses, and other vulnerable people while ensuring that the murder trial proceeds without interference.
Evidence placed before the court showed that the eight students had faced difficulties while in remand, including allegations of bullying, assault, and discrimination. Some also experienced online harassment after they were allowed to use mobile phones. The judge said those incidents were important in determining whether returning the minors to the environment linked to the hostility would expose them to further danger.
A social inquiry report raised concerns about the emotional state of the minors, saying they showed varying levels of distress and anxiety and were struggling to cope with life in remand. The report documented peer disagreements, claims of bullying, and physical mistreatment, repeated transfers between sleeping quarters, and discussions about the case that were considered improper.
The court directed that the eight students be moved from Kabete Juvenile Remand Home to Kamae Girls Borstal Institution within the Kamiti prison complex. The minors were charged in July after investigations into the May 28 fire at the school, which killed 16 students and left others injured. Their case was transferred from Naivasha to the Kibera Law Courts in Nairobi after security concerns were raised.
Justice Kavedza also ordered authorities to ensure that the minors receive regular psychological assistance throughout the proceedings. She said the nature of the charges required the children to receive structured and continuous professional support so they could understand what was happening in court and participate meaningfully in the trial.
The court's decision to deny bail was also influenced by concerns about witness safety. The judge said the possibility of intimidation or interference could not be ruled out and could happen either openly or through indirect means. Despite the decision to keep them in custody, the reports placed before the court showed that the eight students had several factors in their favor, including being first-time offenders and adolescents with no previous criminal records.
Key points
- The court denied bail to the eight students due to concerns about their safety and potential witness intimidation.
- The students will be moved to Kamae Girls Borstal Institution within the Kamiti prison complex.
- The court ordered authorities to provide the minors with regular psychological assistance throughout the proceedings.
