Utumishi Academy students denied bail, transferred to Kamae Borstal

The dormitory was set on fire at Utumishi Girls Academy in Gilgil, killing 16 students. [File, Standard[

Kibera High Court has declined to release on bail the eight Utumishi Girls Academy students charged with allegedly murdering 16 students in the school’s deadly dormitory fire.

Justice Diana Kavedza ordered them to remain in custody until key witnesses testify in the murder case.

The court ordered the transfer of eight Utumishi minors to Kamae Borstal Institution for their safety and welfare after bullying, assault and same-sex allegations at the Nairobi remand home

Justice Kavedza said each minor be provided with an individual sleeping cubicle and bed, adequate necessities, appropriate security and supervision.

If the institution lacks sufficient capacity, the court ordered the Cabinet Secretary and Accounting Officer of the Ministry of Correctional Services must take necessary measures, in accordance with the law, to provide eight individual sleeping cubicles, ensuring each child has a separate sleeping space. Justice Kavedza has also ordered a report on the provision of the individual sleeping spaces to be filed in court within 30 days.

The court said minors must be allowed access to reading materials provided by their parents or guardians, subject to vetting by the institution.

The minors must also receive regular medical care and continuous psychosocial support while in detention.

Justice Kavedza ordered the Juris Officer to monitor the welfare and safety of each minor and place an individual welfare and counselling report before the court every three months.

The court said the parents or guardians must have structured contact with the minors, ordinarily once every month, subject to directions by the Juris Officer and management of the institution.

The judge said the privacy of the minors must be strictly protected; their names, photographs and other identifying information must not be published or disclosed except as permitted by law.

The court further directed that the minors must have uninterrupted access to qualified counsellors and psychologists throughout the trial.

The court ordered that measures be put in place to facilitate the continuation of their education while they remain in custody.