Eight Utumishi Girls students deny 16 murder counts, DPP opposes bail

 Kibera High Court Judge Diana Kavedza. [David Gichuru, Standard]

Eight students from Utumishi Girls Academy have pleaded not guilty to 16 counts of murder over a dormitory fire that killed 16 schoolmates on the night of May 28.

The Director of Public Prosecutions (DPP) has opposed the release of the students on bail or bond, urging the High Court to keep them in custody pending trial.

Justice Diana Kavedza of the Kibera High Court has also barred publication of the identities of the accused, who are minors, along with those of their parents, guardians and immediate family members.

The court also prohibited photography, filming, audio recording and live-streaming of the proceedings without prior approval.

Under the orders, accredited media may report on the case but must not publish the students' names, initials, photographs, voice recordings, school admission numbers, residential addresses or physical descriptions, or any detail capable of identifying them directly or indirectly.

The plea followed a mental fitness assessment ordered by the court on June 26, after the Office of the Director of Public Prosecutions (ODPP) approved the 16 murder counts against the students on June 23.

Three psychiatrists examined the minors and found them fit to stand trial.

The case had been in limbo since the students first appeared before the court on June 26, when Kavedza ruled they could not be called upon to plead until their mental status and ages were established, given the gravity of the charges and the potential penalty of death or life imprisonment upon conviction.

 

Eight students from Utumishi Girls High School during the mention of their case before Justice Diana Kavedza at the Kibera Law Courts, July 1, 2026. [David Gichuru, Standard]

The eight, who are held at the Kabete Juvenile Remand Home, were transferred from Naivasha to Nairobi for security reasons after public hostility built up around the case in Nakuru.

Closed-circuit television (CCTV) footage examined by detectives allegedly showed some of the accused moving through the dormitory's first-floor cubicles shortly before the blaze broke out, according to earlier reporting on the investigation.

The fire tore through a two-storey dormitory housing 220 students, killing 16 and injuring 79 others.

The tragedy, one of Kenya's deadliest school disasters in recent years, has renewed scrutiny of fire-safety standards in boarding schools nationwide, with some stakeholders calling for a review of the dormitory model altogether.

Meanwhile, the Director of Public Prosecutions (DPP) is opposing the release of the minors on bail, arguing that freeing them at this stage would jeopardise the case and expose vulnerable witnesses to intimidation.

In opposing their release, the prosecution relied on an affidavit sworn by a Directorate of Criminal Investigations (DCI) officer detailing the planning and execution of the alleged offence and setting out what it described as compelling reasons for continued detention.

"As we move forward, we must protect the family of the victim who lost their loved one," Gichuhi told the court.

She argued that the prosecution's key witnesses include minors who require protection from any form of interference before they testify.

"We seek to protect the minors who will be testifying in this matter... And we will be looking to protect public perception and further psychological harm," Gichuhi said.

According to the prosecution, the accused students are well known to some of the victims' relatives and witnesses.

"They are well known to the victims' relatives, including their backgrounds, residences and associations. Releasing the suspects at this time would lead to direct interference with witnesses and intimidation of vulnerable minors before they testify," Gichuhi submitted.

She maintained that keeping the students in custody was necessary to protect the administration of justice.

The prosecutor further told the court that investigators have clearly established the role allegedly played by each accused student.

"Each role played has been well articulated by the evidence and it's important they stay in custody," She said.

"There is also a risk of the eight minors being subjected to physical harm. We have raised compelling reasons to have the eight minors remain in custody. We have shown how the offence was planned, the items used and how it was executed."

She added that the prosecution had withheld the identities of witnesses to safeguard the integrity of the case.

"There is a likelihood of interference. We need to protect the integrity of the prosecution case without any interference. We have since redacted the names of the witnesses," he said.

"It will be our humble request that the eight be held in custody until the vulnerable witnesses testify."

The court also heard that several children affected by the tragedy are yet to recover.

"There are children who are still in hospital, others at home and others in school, while some are still undergoing counselling following the tragedy," Gichuhi said.

While acknowledging that the accused are children in conflict with the law, the prosecution urged the court to equally consider the rights of the victims.

"In this case, these are children in conflict with the law. But the court should also balance the rights of the victims," he submitted.

Defence lawyers Davis Osiemo and Felix Tinga opposed the prosecution's application and urged the court to release the students on bail, arguing that the prosecution had failed to demonstrate compelling reasons to deny them their constitutional right to bond.

"No iota of evidence by the prosecution to suggest that the eight minors have interfered with the case so far," lawyer Tinga stated.

They told the court that it would not be in the best interest of the children to continue being held in custody further, having been held over two weeks pending investigations.

The lawyers informed that they will ensure the attendance of the eight minors as and when required in court.