The Kibera High Court has refused to grant bail to eight minors charged with 16 counts of murder over the Utumishi Girls Academy fire. Justice Diana Kavedza ruled that releasing the minors could endanger their safety, compromise witnesses, and undermine the integrity of the trial. The court's decision was based on objections raised by the Director of Public Prosecutions (DPP), who argued that releasing the eight would jeopardize the fair conduct of the trial.
According to reports, some of the minors had received threats of physical harm while in custody and faced online harassment. Justice Kavedza noted that releasing the minors at this stage would expose them to potential physical harm. Despite the gravity of the charges, children facing the legal process retain the right to protection. The judge directed that each minor receive psychological support and counselling.
The eight minors allegedly acted jointly in causing the deaths of the 16 students and each face 16 counts of murder arising from the same incident. The prosecution team handling the case comprises Senior Deputy Director of Public Prosecutions Vincent Monda, Senior Assistant Directors of Public Prosecutions Gikui Gichuhi and Maryanne Mwangi, together with Linda Ndambiri, Paul Ochieng, and Peris Maina.
In June, the court cleared one suspect after DCI detectives found she had no role in the offence, while the eight others remained in custody facing murder charges. Naivasha Chief Magistrate Abdulqadir Ramadhan Lorot ordered their continued detention and directed they be held at children's remand homes in Nakuru or Nairobi.
The prosecution secured approval to transfer the trial to the High Court in Nairobi, citing security risks in Naivasha. The ODPP confirmed each student would face 16 counts of murder over the fatal Utumishi Girls Academy arson. The incident occurred on the night of May 28 at Utumishi Girls Academy in Gilgil, Nakuru County.
Justice Kavedza directed that the eight minors be remanded at Kamae Borstal Institution pending the full hearing of the matter. She further ordered that each minor be held in a separate individual cubicle fitted with a bed, taking into account their welfare during the period of remand.
The case has raised concerns about school safety and the welfare of students. The court's decision to deny bail to the eight minors has been seen as a measure to ensure their safety and the integrity of the trial. The trial is set to continue at the High Court in Nairobi.
Key points
- The Kibera High Court denied bail to 8 Utumishi Girls Academy students charged with murder over a fire that killed 16 students.
- The court ruled that releasing the minors could endanger their safety, compromise witnesses, and undermine the integrity of the trial.
- The students will be held at Kamae Borstal Institution pending the full hearing of the matter.
