The High Court in Kibera has barred the media from covering proceedings in the Utumishi Girls murder case, in which eight students stand accused of killing 16 of their schoolmates.
The directive was issued on Friday, June 26 during a virtual court session.
The eight suspects attended the proceedings remotely from police custody and were not presented in open court.
During the hearing, the court also considered submissions from lawyers on whether the suspects should undergo mental health evaluations.
The girls remain in custody at Kabete Juvenile Remand Home.
Vantage Ke has reliably established that the court's approach is in line with the Children Act, 2022, which classifies child suspects as children in conflict with the law and grants them special legal protections, including safeguards over their identities and court proceedings.
These protections may still apply even in cases involving grave offences such as murder, subject to the court's directions.
Under the law, the court is also prohibited from imposing either life imprisonment or the death penalty on child offenders. However, these legal safeguards do not shield them from accountability.
If convicted, they are sentenced under the provisions of the Children Act rather than the standard adult sentencing framework provided for under the Penal Code.
Meanwhile, a major issue raised during Friday's court session was whether the eight suspects should undergo mental health assessments before the murder trial proceeds. Lawyers representing both the prosecution and the defence presented submissions, with the court expected to issue further directions on the application in the coming days.
The students are facing murder charges over the deadly dormitory fire at Utumishi Girls High School in Gilgil in May, which claimed the lives of 16 students and left dozens more injured. Investigators have maintained that forensic findings, CCTV footage and witness testimonies link the suspects to the blaze, which authorities believe was deliberately set.
The case has drawn widespread public attention, sparking renewed debate on school safety, student discipline and mental health support in learning institutions.
The plea-taking followed a June 24 ruling by Chief Magistrate Abdulqadir Lorot, who allowed the prosecution's request to keep the eight minors in custody for two more days before their appearance before the High Court.
“There shall be orders extending the detention of the 8 remaining suspects for a further 2 days, and the 8 suspects shall be presented for plea on 26th June 2026,” part of the ruling stated.
The court, however, ordered the release of one student to the care of parents or guardians after prosecutors confirmed there was insufficient evidence to charge the learner.
The prosecution argued that relocating the case to Nairobi was necessary because intelligence reports pointed to serious security threats and hostility from members of the public in the area where the tragedy occurred. Prosecutors also informed the court that investigations were substantially complete and that there was enough evidence to charge the remaining eight suspects.
While lawyers representing victims' families and the defence opposed the transfer, Magistrate Lorot ruled that decisions on where to prosecute fall within the constitutional mandate of the Director of Public Prosecutions, adding that any objections to the venue could be raised once the matter was formally before the High Court.
