The Kibera High Court has declined to release on bail the eight Utumishi Girls Academy students charged with allegedly murdering 16 students in the school’s deadly dormitory fire. Justice Diana Kavedza ordered them to remain in custody until key witnesses testify in the murder case. The students will be held at the Kamae Borstal Institution, a juvenile detention facility.
The court ordered the transfer of the eight Utumishi minors to Kamae Borstal Institution for their safety and welfare. This decision was made due to allegations of bullying, assault, and same-sex activities at the Nairobi remand home. The court emphasized the need to ensure the minors' safety and well-being while in custody.
Justice Kavedza provided specific instructions for the minors' care at Kamae Borstal Institution. Each minor will be provided with an individual sleeping cubicle and bed, as well as adequate necessities, appropriate security, and supervision. If the institution lacks sufficient capacity, the Cabinet Secretary and Accounting Officer of the Ministry of Correctional Services must take necessary measures to provide eight individual sleeping cubicles.
The court also made provisions for the minors' education, medical care, and psychosocial support while in detention. The minors must be allowed access to reading materials provided by their parents or guardians, subject to vetting by the institution. They will also receive regular medical care and continuous psychosocial support.
To ensure the minors' welfare and safety, Justice Kavedza ordered the Juris Officer to monitor their well-being and place an individual welfare and counselling report before the court every three months. The parents or guardians must have structured contact with the minors, ordinarily once every month, subject to directions by the Juris Officer and management of the institution.
The court emphasized the need to protect the minors' privacy, stating that their names, photographs, and other identifying information must not be published or disclosed except as permitted by law. The minors must have uninterrupted access to qualified counsellors and psychologists throughout the trial.
The court ordered measures to be put in place to facilitate the continuation of the minors' education while they remain in custody. A report on the provision of individual sleeping spaces must be filed in court within 30 days. The judge ensured that the minors' rights and needs are protected during their detention.
Key points
- The eight Utumishi Girls Academy students were denied bail and transferred to Kamae Borstal Institution for their safety and welfare.
- The court provided specific instructions for the minors' care, including individual sleeping cubicles, adequate necessities, and regular medical care.
- The minors' education, psychosocial support, and access to qualified counsellors and psychologists will be ensured during their detention.
