By Valentine Omondi
The eight minors facing 16 counts of murder over the deadly Utumishi Girls Academy dormitory fire will remain in custody after the High Court declined to release them on bail.
Justice Diana Kavedza, sitting at the Kibera High Court on Monday, September 21, dismissed the bail applications after considering submissions from the prosecution and defence, as well as pre-bail, social inquiry and psychosocial reports concerning the minors.
The court found that releasing the minors at this stage would expose them to an appreciable risk of harm and could affect the integrity of the ongoing criminal proceedings.
Justice Kavedza said the decision was also informed by the need to protect the minors and other vulnerable persons, preserve public safety and safeguard the administration of justice.
“Having considered the totality of the evidence and applicable legal principles, the application for bail is hereby dismissed,” Justice Kavedza ruled.
The minors were subsequently ordered to be remanded at Kamae Borstal Institution as the murder case proceeds.
The court directed that each of the eight be provided with an individual sleeping cubicle equipped with a bed, alongside adequate necessities, security and supervision.
Justice Kavedza further directed that if the institution does not have sufficient capacity, the relevant authorities must make arrangements to ensure that each minor has separate sleeping accommodation.
The court’s decision follows concerns raised during the bail proceedings regarding the safety and welfare of the minors, as well as the possibility that their release could interfere with witnesses or compromise the integrity of the trial.
The social inquiry and psychosocial reports presented to the court also raised concerns about the minors’ welfare and the need for continued psychological support and close supervision.
From deadly fire to murder charges
The case dates back to May 28, when a fire broke out at Utumishi Girls Academy in Gilgil, Nakuru County, killing 16 students and leaving 79 others injured.
The fire broke out shortly after midnight and engulfed the Meline Waithera dormitory, where students were sleeping. The tragedy prompted a multi-agency investigation involving detectives, forensic experts and other investigators.
By May 29, the Directorate of Criminal Investigations had arrested eight students who had been identified as persons of interest in connection with the suspected arson.
Investigators said they had interviewed students, teachers and other witnesses and reviewed CCTV footage from the school as they sought to establish what happened before and during the fire.
The DCI said preliminary investigations had identified the eight students as persons of interest in the alleged planning and execution of the suspected arson attack.
Education Cabinet Secretary Julius Ogamba later said preliminary investigations had pointed to arson, while also raising questions about compliance with school safety requirements.
The investigation subsequently moved from establishing the cause of the fire to determining the individual responsibility of those suspected of involvement.
On June 26, the High Court ordered mental assessments for the eight students to establish whether they were fit to stand trial.
The Office of the Director of Public Prosecutions later approved 16 murder charges after reviewing a preliminary inquiry file submitted by the DCI.
Eight minors deny murder charges
On July 1, the eight appeared before Justice Kavedza at the Kibera High Court and pleaded not guilty to all 16 murder counts.
The prosecution alleged that the minors acted jointly in causing the deaths of the 16 students.
Because the suspects are children, Justice Kavedza directed that they be referred to as “subject minors” and ordered that their identities remain protected throughout the proceedings.
The judge also warned against reporting that could expose the identities of the minors or prejudice the case.
The prosecution opposed their release on bail, arguing that keeping them in custody was necessary to protect the integrity of the proceedings and ensure the proper administration of justice.
The court subsequently called for comprehensive pre-bail reports before determining whether the minors could be released.
The reports considered the circumstances of the minors, their families, the school and the wider environment surrounding the case, including the views of affected parties.
The bail ruling, initially set for September 22, was delivered a day earlier on September 21, with Justice Kavedza ultimately declining to release the eight.
The ruling means the minors will remain in custody as the murder case proceeds, with the court placing particular emphasis on their safety, welfare and the need to protect the integrity of the trial.
The prosecution team 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.
The eight minors have denied the charges, and the allegations against them remain to be tested through the trial.
Eight Utumishi Girls Students Denied Bail Over 16 Murder Charges
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By Valentine Omondi
The eight minors facing 16 counts of murder over the deadly Utumishi Girls Academy dormitory fire will remain in custody after the High Court declined to release them on bail.
Justice Diana Kavedza, sitting at the Kibera High Court on Monday, September 21, dismissed the bail applications after considering submissions from the prosecution and defence, as well as pre-bail, social inquiry and psychosocial reports concerning the minors.
The court found that releasing the minors at this stage would expose them to an appreciable risk of harm and could affect the integrity of the ongoing criminal proceedings.
Justice Kavedza said the decision was also informed by the need to protect the minors and other vulnerable persons, preserve public safety and safeguard the administration of justice.
“Having considered the totality of the evidence and applicable legal principles, the application for bail is hereby dismissed,” Justice Kavedza ruled.
The minors were subsequently ordered to be remanded at Kamae Borstal Institution as the murder case proceeds.
The court directed that each of the eight be provided with an individual sleeping cubicle equipped with a bed, alongside adequate necessities, security and supervision.
Justice Kavedza further directed that if the institution does not have sufficient capacity, the relevant authorities must make arrangements to ensure that each minor has separate sleeping accommodation.
The court’s decision follows concerns raised during the bail proceedings regarding the safety and welfare of the minors, as well as the possibility that their release could interfere with witnesses or compromise the integrity of the trial.
The social inquiry and psychosocial reports presented to the court also raised concerns about the minors’ welfare and the need for continued psychological support and close supervision.
From deadly fire to murder charges
The case dates back to May 28, when a fire broke out at Utumishi Girls Academy in Gilgil, Nakuru County, killing 16 students and leaving 79 others injured.
The fire broke out shortly after midnight and engulfed the Meline Waithera dormitory, where students were sleeping. The tragedy prompted a multi-agency investigation involving detectives, forensic experts and other investigators.
By May 29, the Directorate of Criminal Investigations had arrested eight students who had been identified as persons of interest in connection with the suspected arson.
Investigators said they had interviewed students, teachers and other witnesses and reviewed CCTV footage from the school as they sought to establish what happened before and during the fire.
The DCI said preliminary investigations had identified the eight students as persons of interest in the alleged planning and execution of the suspected arson attack.
Education Cabinet Secretary Julius Ogamba later said preliminary investigations had pointed to arson, while also raising questions about compliance with school safety requirements.
The investigation subsequently moved from establishing the cause of the fire to determining the individual responsibility of those suspected of involvement.
On June 26, the High Court ordered mental assessments for the eight students to establish whether they were fit to stand trial.
The Office of the Director of Public Prosecutions later approved 16 murder charges after reviewing a preliminary inquiry file submitted by the DCI.
Eight minors deny murder charges
On July 1, the eight appeared before Justice Kavedza at the Kibera High Court and pleaded not guilty to all 16 murder counts.
The prosecution alleged that the minors acted jointly in causing the deaths of the 16 students.
Because the suspects are children, Justice Kavedza directed that they be referred to as “subject minors” and ordered that their identities remain protected throughout the proceedings.
The judge also warned against reporting that could expose the identities of the minors or prejudice the case.
The prosecution opposed their release on bail, arguing that keeping them in custody was necessary to protect the integrity of the proceedings and ensure the proper administration of justice.
The court subsequently called for comprehensive pre-bail reports before determining whether the minors could be released.
The reports considered the circumstances of the minors, their families, the school and the wider environment surrounding the case, including the views of affected parties.
The bail ruling, initially set for September 22, was delivered a day earlier on September 21, with Justice Kavedza ultimately declining to release the eight.
The ruling means the minors will remain in custody as the murder case proceeds, with the court placing particular emphasis on their safety, welfare and the need to protect the integrity of the trial.
The prosecution team 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.
The eight minors have denied the charges, and the allegations against them remain to be tested through the trial.
