Seven of the eight minors charged in connection with the deadly dormitory fire at Utumishi Girls Academy have approached the Director of Public Prosecutions (DPP) to negotiate plea bargains, the Kibera High Court heard on Thursday.
Justice Diana Kavedza directed the parties to fast-track the negotiations and file any plea agreements by December 15, 2026.
“We give you one month to see how far we have gone,” she said.
Prosecutors said the negotiations were at different stages, adding that some proposals were unacceptable. These included a request to have three minors, identified as subjects 5, 6 and 8, turned into State witnesses.
The court heard that other minors had expressed interest in pleading guilty. One proposal was awaiting a response from the Office of the DPP, while another request to plead guilty was under consideration.
The State opposed negotiations involving subject one, arguing that the minor should remain in the proceedings as an alleged child offender. It said it would respond to the other proposals and establish whether agreements could be reached.
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Plea bargaining is a process in which an accused person and the prosecution negotiate how a criminal case should be resolved. It may involve an accused person pleading guilty in exchange for concessions, subject to the court’s approval.
Justice Kavedza urged the parties to fast-track the process to avoid prolonged proceedings involving minors.
The judge also raised concerns about the minors’ access to their parents and lawyers. The prosecution said it had not received any information indicating that the minors had been denied access to their parents.
However, the judge said that, due to security concerns and the need to protect the children’s identities and well-being, she could not specify dates for visits. She directed that parents be allowed to visit the minors without fixed visiting dates.
The fire, which occurred on the night of May 27 and into May 28, 2026, in Gilgil, Nakuru County, resulted in the deaths of 16 students and injuries to 79 others.
On July 1, the eight minors pleaded not guilty to 16 counts of murder. They were later denied bail by the court.
The court directed that they be referred to as “subject minors”.
The case will return to court on December 15 for an update on the negotiations and any plea agreements.
– By John Murunga
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