High Court denies bail terms for 8 Utumishi Girls fire suspects

The High Court in Kibra has denied bail to eight minors charged in connection with the Untumishi Girls tragedy, in which a fire killed 16 girls on May 28.

Justice Diana Kavedza dismissed the bail applications filed on behalf of the eight suspects, who are set to 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.

The court considered pre-bail reports, administrative and investigative authorities’ views, and continuing tensions within the affected community before reaching its decision on the minors.

Kavedza noted that the children had reportedly faced bullying, assault, and discrimination at the remand home after their identities became known to others.

Some of the minors had also reportedly experienced online harassment after accessing mobile phones, raising concerns about their safety if released into the hostile environment.

The judge said the court was satisfied the risks were substantial, finding that immediate release could expose the minors to an appreciable risk of harm.

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Justice Kamae also highlighted psychological distress, anxiety, peer conflict, alleged bullying, and physical abuse, with the court ordering continued access to 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 are also to receive support for education and trial preparation, including guidance on court roles, confidentiality, judicial directives, and meaningful participation throughout 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.

To safeguard them during remand, the court directed that seven of them be transferred to Kamae Girls Borstal Institution within Kamiti Prison, where their safety and welfare will remain central, with one of them to be transferred to Kamaya Boys Home Institution for security.

16 students tragically died, and 79 were injured after a fire broke out around midnight on May 28, in a dormitory housing about 220 learners at Utumishi Girls’ Academy in Gilgil, Nakuru County, Kenya.

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