Naivasha: The state has requested to continue detaining nine students from Utumishi Girls High School, suspected of initiating the dormitory fire that resulted in the deaths of 16 students on May 25, for an additional 30 days as investigations proceed.
According to Kenya News Agency, the nine minors appeared before Naivasha Chief Magistrate Abdulqadir Ramathan, with their faces concealed, as their parents and relatives of the deceased observed the proceedings in a crowded courtroom. Law enforcement managed the crowd as the minors were led into the courtroom.
State Counsel Emma Bosire informed the court that closed-circuit television footage (CCTV) had enabled investigators to pinpoint the nine as key suspects in the alleged arson. Bosire noted that the Directorate of Criminal Investigations awaited crucial forensic and technical reports from state agencies before moving forward with the trial.
Bosire argued that releasing the minors could pose a safety threat due to the public outrage following the incident. She further claimed that the suspects had encouraged other students to blame the fire on different individuals, indicating a potential to disrupt the investigation.
Prosecutor Joseck Abwajo advocated for transferring the minors to Nakuru Remand Home, a facility for minors in legal conflicts, asserting that this would not be considered pre-trial detention under the Children Act.
Victims’ advocate Wairegi Kiarie supported the state’s request to hold the minors for 30 days, allowing time for the prosecution to finalize investigations. He emphasized the need for justice for both the victims and the accused, highlighting the ongoing suffering of affected families.
Mbugua Macharia, another advocate, urged the court to grant investigators sufficient time, noting that bereaved families were still in early mourning stages and had yet to bury their children.
Counsel for the accused, Bernard Kipkoech, opposed the extension, contending that continued detention without charges amounted to pre-trial imprisonment, violating Article 53 of the Constitution and the Children Act. Kipkoech argued that the prosecution had not demonstrated that the minors posed a flight risk or could interfere with investigations.
The presiding magistrate instructed the Department of Children Services to provide birth certificates for the nine minors to confirm their ages and ordered their continued detention at police stations pending his decision on their release or further detention.
The tragic fire at the Gilgil-based Utumishi Girls High School has reignited discussions on safety, disaster preparedness, and the response of boarding facilities nationwide, sparking national condemnation and calls for improved fire safety standards in schools.
