The High Court has denied bail to eight minors facing murder charges over the deadly fire at Utumishi Girls Academy in Gilgil, Nakuru County.
Justice Diana Kavedza ruled on Monday that releasing the students at this stage could expose them to harm and create risks for the ongoing trial.
The eight minors face 16 counts of murder in connection with the May 28 dormitory fire, which killed 16 students and injured 79 others.
Judge cites safety and trial concerns
In her ruling, Justice Kavedza said the court had considered the circumstances surrounding the case before declining the bail applications.
She said the immediate release of the minors could affect the integrity of the proceedings and expose them to potential harm.
The judge also considered social inquiry, pre-bail and psychosocial reports prepared in relation to the minors.
Those reports indicated that some of the students required continued psychological support and were experiencing distress and difficulty adjusting to their circumstances.
The court also heard concerns relating to conflicts among students, alleged bullying and physical abuse, as well as discussions surrounding the case.
Justice Kavedza said the findings called for closer supervision and continued professional support while the case proceeds.
Eight students deny murder charges
The eight minors were formally charged before the High Court in July and pleaded not guilty to all 16 counts.
The charges followed investigations into the fire, which broke out in the early hours of May 28 at the school in Gilgil.
The blaze killed 16 students and left 79 others injured.
One of the minors initially linked to the investigation was released after prosecutors said there was insufficient evidence to proceed against her. The remaining eight were subsequently charged.
The case remains before Justice Kavedza, with the court yet to determine the criminal charges against the minors.
Minors to remain at Kamae facility
Following the bail ruling, the eight will remain at Kamae Girls Borstal Institution within the Kamiti prison complex.
The court has imposed safeguards for their stay. Each minor is to have an individual sleeping space, with access to reading materials and medical care.
A children’s officer has also been directed to monitor their welfare.
Their parents are to be allowed contact with them once a month.
The court has also maintained restrictions protecting the identities of the minors, in line with legal safeguards for children involved in criminal proceedings.
Fire left school community in mourning
The May fire was one of Kenya’s deadliest recent school disasters.
It broke out shortly after midnight while students were in their dormitory. Sixteen students died and 79 were injured. Emergency teams, including the Kenya Red Cross, responded to the scene as families gathered at the school seeking information about their children.
Initial investigations later treated the incident as suspected arson. Authorities said they were investigating the roles of those suspected of involvement.
The criminal case is still at the trial stage. The eight minors have denied the charges, and the court’s decision to deny bail does not determine their guilt or innocence.
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