Eight subject minors and students from Utumishi Girls Academy who are facing 16 counts of murder following a devastating dormitory fire on May 28, 2026./FILE
Eight subject minors facing murder charges over the Utumishi Girls Academy dormitory fire will remain in custody after the High Court in Kibra rejected their applications for bail.
Justice Diana Kavedza dismissed the applications on Monday, saying the court had considered the risks surrounding the subject minors, victims and witnesses, as well as the integrity of the ongoing trial.
“Detention is not imposed as punishment, but as a necessary measure to protect the subject minors, victims, and witnesses and to preserve the integrity of the trial,” Justice Kavedza said.
She added: “Having considered the totality of the evidence in this case, the bail application is hereby dismissed.”
The ruling followed consideration of pre-bail reports, views from administrative and investigative authorities and tensions within the affected community.
The court also considered concerns about the safety and welfare of the subject minors while in custody.
Kavedza noted that some of the children had reportedly faced bullying, assault and discrimination at the remand home after their identities became known.
Some had also reportedly been subjected to online harassment after gaining access to mobile phones, raising concerns over what could happen if they were released into what the court described as a hostile environment.
The judge found that the risks were substantial and that releasing the minors immediately could expose them to an appreciable risk of harm.
The court further ordered continued access to qualified counsellors and psychologists, with concerns raised over psychological distress, anxiety, peer conflict, alleged bullying and physical abuse.
The subject minors will also receive support to continue their education while the case proceeds.
The court directed that measures be put in place to facilitate their education, as well as support for trial preparation, including guidance on court procedures, confidentiality, judicial directions and participation in the proceedings.
“Children in conflict with the law retain their rights as children notwithstanding the severity of the charges,” the court stated.
“The legal framework mandates the protection of their welfare, dignity, education, psychological development, and effective participation in proceedings.”
The court also directed that the subject minors be transferred from the remand facility to Kamae Borstal Institution to safeguard their welfare and security.
The institution is required to provide appropriate security and supervision, with each minor to have an individual sleeping space.
The court further ordered that the minors receive regular medical care and continuous psychosocial support while in detention.
Their welfare and safety will also be monitored, with individual welfare and counselling reports to be presented to the court every three months.
Parents and guardians are to maintain structured contact with the minors, subject to directions from the relevant authorities and the institution's management.
The court also stressed the need to protect the privacy of the subject minors. Their names, photographs and other identifying information are not to be published or disclosed except as permitted by law.
The eight subject minors are facing charges arising from the May 28 fire at Utumishi Girls Academy in Gilgil, Nakuru County, in which 16 students died. The tragedy also left dozens of students injured.
