The state has applied to keep detaining nine students from Utumishi Girls High School who are suspected of starting the dormitory fire that killed 16 of their schoolmates on the night of May 25 for 30 more days as investigations into the deadly incidents progress.
The nine minors, who had concealed their faces, appeared before Naivasha Chief Magistrate Abdulqadir Ramathan on Tuesday as their parents and relatives to the deceased followed the proceedings in a packed courtroom.
Police officers controlled the onlookers as the nine minors were whisked to the quiet courtroom.
State Counsel Emma Bosire told the court that closed-circuit television footage (CCTV) had helped investigators identify the nine as central figures in the alleged arson adding that the Directorate of Criminal Investigations was awaiting forensic, technical and structural reports from relevant State agencies before proceeding with the trial.
Bosire also argued that releasing the minors posed a safety risk, given the level of public outrage surrounding the incident.
She further alleged that the accused had urged fellow students to attribute the fire to other students, conduct she said demonstrated a likelihood to interfere with investigations.
Prosecutor Joseck Abwajo supported the transfer of the minors to Nakuru Remand Home, a facility designated for minors in conflict with the law, maintaining that such a measure would not constitute pre-trial detention under the Children Act.
Wairegi Kiarie, the advocate for the victims, supported the application to hold the minors for 30 days to give time for the prosecution to complete their investigations.
He called for justice for both the victims and the accused, adding that the affected families were undergoing untold suffering one week after the incident.
His counterpart Mbugua Macharia also urged the court to allow investigators adequate time to complete their work, noting that bereaved families were still in the early stages of grief and were yet to bury their children.
On his part, Counsel for the accused, High Court advocate Bernard Kipkoech, opposed the extension, arguing that continued detention without charge amounted to pre-trial imprisonment and contravened both Article 53 of the Constitution and the Children Act.
Kipkoech noted that the prosecution had provided no concrete evidence that the minors were a flight risk or capable of obstructing government-led investigations.
The presiding magistrate directed the Department of Children Services to submit birth certificates for the nine minors as proof of age and ordered that they remain at the police stations where they have been held since their arrest.
He was expected to deliver his ruling on whether to release the minors on bond terms or detain them until investigations are complete later today.
The Gilgil-based Utumishi girls’ fire tragedy reignited a serious discussion surrounding the safety, disaster preparedness, and response of boarding facilities in the country.
It prompted widespread national condemnation and renewed calls for a review of fire safety standards in boarding schools.
By Erastus Gichohi
