The High Court in Kibra has denied bail to eight minors facing charges linked to the Utumishi Girls tragedy, where a fire claimed the lives of 16 girls on May 28.
Justice Diana Kavedza rejected the applications seeking the release of the eight suspects on bail, meaning they will remain in custody as the case proceeds.
“Detention is not imposed as punishment, but as a necessary measure to protect the subjects, victims, and witnesses and to preserve the integrity of the trial. Having considered the totality of the evidence in this case, the application for bail is hereby dismissed,” Justice Kavedza stated.
In reaching its decision, the court considered pre-bail reports, views from administrative and investigative authorities, as well as ongoing tensions within the community affected by the tragedy.
Justice Kavedza noted that the minors had allegedly been subjected to bullying, assault and discrimination at the remand facility after their identities became known.
The court also heard that some of the minors faced online harassment after gaining access to mobile phones, raising concerns over their safety should they be released into what was described as a hostile environment.
The judge said the court was satisfied that the risks were significant and that releasing the minors immediately could expose them to a considerable risk of harm.
Justice Kamae further cited psychological distress, anxiety, conflicts with peers, alleged bullying and physical abuse among the concerns affecting the minors. The court consequently ordered that they continue receiving assistance from qualified counsellors and psychologists.
"Children in conflict with the law retain their rights as children notwithstanding the severity of the charges. The legal framework mandates the protection of their welfare, dignity, education, psychological development, and effective participation in proceedings," stated Kamae.
The minors will also receive educational support and assistance in preparing for the trial, including guidance on court procedures, the roles of different parties, confidentiality requirements, judicial directions and meaningful participation in the proceedings.
"To ensure the subject's ongoing development as adolescents is not hindered, the court shall also issue directions facilitating the continuation of their education," added Kamae.
For their safety while in remand, the court directed that seven of the minors be transferred to Kamae Girls Borstal Institution within Kamiti Prison. Their welfare and security will be prioritised, while one minor will be transferred to Kamaya Boys Home Institution for security reasons.
The Utumishi Girls' Academy tragedy occurred on May 28 when a fire broke out around midnight in a dormitory housing approximately 220 learners at the school in Gilgil, Nakuru County.
The blaze killed 16 students and left 79 others injured. CCTV footage indicated that the fire began on the first floor, trapping students who were asleep, while some sustained injuries after jumping from the upper floor.
Forensic investigations and Ministry of Education inquiries subsequently identified several safety concerns, including overcrowding and a locked exit door that hindered evacuation.
