The High Court in Kibera has denied bail to eight minors charged with murdering 16 fellow students in a dormitory fire at Utumishi Girls Academy, ruling that their release at this stage would expose them, witnesses and the wider public to significant risk.
Justice Diana Kavedza delivered the ruling on Monday, September 21, 2026, finding that releasing the eight, referred to throughout the proceedings only as “subject minors” to protect their identities as required under child-protection safeguards, would expose them to an appreciable risk of harm.
“The court finds that the immediate release of the eight would expose them to an appreciable risk of harm,” Justice Kavedza said, noting the need to protect the minors and other vulnerable persons, preserve public safety, and secure both the integrity of the trial and the minors’ own welfare and psychological protection.
“Having considered the totality of the evidence and applicable legal principles, the application for bail is hereby dismissed,” she ruled.
The court identified several specific concerns underpinning its decision. Most of the prosecution’s witnesses are the accused minors’ own former classmates and dormitory mates, meaning their release presented a substantial risk of witness intimidation or pressure.
The judge also pointed to the intense public grief and anger the tragedy has generated, finding that releasing the minors into that environment could expose them to hostility and put their personal safety at risk.
The State separately told the court that survivors of the fire and the families of the victims continue to require trauma counselling and physical recovery support, and argued that releasing the accused at this stage would erode public trust in the justice system.
In reaching her decision, Justice Kavedza drew on pre-bail and social inquiry reports prepared by probation officers, which detailed peer conflict, allegations of bullying and physical abuse among the minors while in custody, frequent relocations between sleeping quarters, and improper discussions relating to the case itself.
The court found these findings reinforced the need for heightened supervision, protective management and targeted professional intervention going forward. The judge also stressed that psychological support remains integral to a fair trial, noting that a minor facing charges of this gravity requires structured, continuous psychological assistance to properly understand the proceedings and participate in them meaningfully.
Even so, the ruling was careful to affirm that the minors retain their rights throughout the process. “They, however, still have their rights as minors and have a right to fair trial,” the court noted, while also finding that “their release will bring harm and expose witnesses to intimidation.”
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To safeguard the minors during remand, the court directed that seven of them be transferred to Kamae Girls Borstal Institution within Kamiti Prison, with the eighth transferred separately to Kamaya Boys Home Institution for security reasons, with their safety and welfare to remain central throughout their time in custody.
The case stems from a fire that broke out around midnight on May 28, 2026, in a dormitory housing roughly 220 students at Utumishi Girls Academy in Gilgil, Nakuru County. The blaze killed 16 students and left 79 others injured.
CCTV footage reviewed during investigations showed the fire starting on the first floor of the dormitory, trapping students as they slept, while others were hurt jumping from the building’s upper floor in an attempt to escape.
Subsequent forensic examinations and a Ministry of Education probe identified serious safety breaches at the school, including overcrowding in the dormitory and a locked exit door that blocked the students’ evacuation route.
Following those investigations, the Office of the Director of Public Prosecutions approved 16 counts of murder against the eight minors, brought under Section 203 as read with Section 204 of the Penal Code.
The eight, all aged above 16, appeared before the Kibera High Court on July 1, 2026, and pleaded not guilty to all charges after undergoing mental assessments that found them fit to participate in the proceedings.
At that earlier hearing, Justice Kavedza had also declined a defence request to summon and cross-examine the investigating officer over an affidavit the prosecution relied on in opposing bail, finding that the contents of the affidavit could instead be tested through cross-examination at a later stage, and ordered a full social inquiry report to be prepared ahead of her eventual bail ruling.
With bail now formally denied, the eight minors will remain in custody as the murder case proceeds before the Kibera High Court, with the prosecution and defence continuing to work through the legal process under the child-protection safeguards the court has maintained throughout the proceedings.
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