The High Court has declined to grant bail to eight minors from Utumishi Girls Academy facing 16 counts of murder linked to the deaths of 16 students in a school fire. Justice Diana Kavedza ruled that releasing the minors at this stage could expose them to harm and create risks that could interfere with the ongoing judicial process. The court also considered the need to safeguard witnesses and preserve the integrity of the trial.
The eight minors, who have denied the charges, will remain in custody as the murder case proceeds. They have been ordered to stay at Kamae Girls Borstal Institution within the Kamiti correctional complex in Nairobi.
Justice Kavedza directed that the minors be provided with individual sleeping cubicles and beds to ensure they have separate accommodation. The court further ordered that they receive appropriate medical attention, reading materials and continued psychosocial support while in custody.
A children’s officer will be responsible for monitoring the safety and welfare of each minor, with welfare and counselling reports expected to be presented to the court periodically.
The judge also directed that the minors’ parents or guardians be allowed structured contact with them, ordinarily once every month, subject to the institution’s arrangements and directions from the relevant officer.
The court further ordered that arrangements be made to enable the minors to continue with their education while in custody.
The case arose from a dormitory fire at Utumishi Girls Academy in Gilgil, Nakuru County, in which 16 students died. The eight minors were subsequently charged with 16 counts of murder and pleaded not guilty when they appeared before the court.
Justice Kavedza also maintained strict protection of the minors’ identities. Their names, photographs and other information that could directly or indirectly identify them cannot be published, in accordance with protections afforded to children involved in criminal proceedings.
The bail decision does not determine the minors’ guilt or innocence. The murder charges will be determined through the ongoing court proceedings.
