Why Utumishi Girls minors have been denied bail

Justice Diana Kavedza presides over the Utumishi Girls Academy case where 8 girls were charged with the murder of 16 fellow students at the school at the Kibera Law Courts, Nairobi on July 1 2026. [David Gichuru, Standard]

The Kibera High Court has declined to release eight Utumishi Girls Academy students charged with the murder of 16 fellow students in the school's deadly dormitory fire on bail.

Justice Diana Kavedza said the court requires more time to consider the prosecution's and defence's submissions, as well as the authorities cited by both sides, before determining whether the minors should be released on bail.

"I need a lot of time to consider the authorities that have been cited, the submissions that have been made by both the prosecution as well as the defence team before coming up with an elaborate ruling," the judge said.

The court however ordered that a comprehensive social inquiry or pre-bail report be prepared by a probation officer and presented in court before she can render her bail ruling.

"It is again the modus operandi of this court to consider the views of the victims before releasing any suspects on bail," she ruled.

The probation officer was ordered to interview the parents of the 16 deceased students, the school administration, the investigating officer and the eight accused students before filing the report.

"You shall prepare an elaborate report. You will interview the parents of the deceased children, get their views as to whether the subjects might have been released on bail. You will interview the school administration as well. You will interview the investigating officer, and you will interview the children as well," the judge directed.

Justice Kavedza acknowledged that the process would take time but urged the families and the accused to remain patient.

"Justice is first for humanitarians. It will move very slowly because the victims are many, the minors are little," she said.

The court rejected the defence's request to summon and cross-examine the investigating officer over an affidavit relied upon by the prosecution in opposing bail, saying such a move would unnecessarily delay the proceedings.

"The reason being that the  prosecution's submissions were entirely based on the contents of that affidavit," Justice Kavedza observed, adding that "the contents of the affidavits can always be challenged through rigorous cross-examination."

The eight students, all aged above 16, had earlier formally pleaded not guilty to 16 counts of murder contrary to Section 203 as read with Section 204 of the Penal Code.

The charges relate to the deaths of 16 fellow collegues who perished in the dormitory fire at Utumishi Girls Academy in Gilgil, Nakuru County, on the night of June 27 and 28, 2026.

Their identities remain protected under High Court orders, with the accused identified only through anonymised codes.

"We are not going to unveil the kids. You have heard my guidelines. The media should report accurately, but do not try to seek who is behind the scenes. Do not try to unveil the child. The child belongs to the court," Justice Kavedza cautioned.

The court also expressed concern over reports that the minors are suffering trauma and anxiety and are being subjected to online bullying and harassment.

It ordered that they should not have access to television or social media while in custody, directed children's officers to investigate the alleged cyberbullying, and ordered that the students receive counselling for the next six months while their parents provide them with essential personal effects.

The matter will be mentioned on September 22, 2026, when the court is expected to deliver its ruling on the students' bail application.