A Naivasha Court has directed that the nine students accused of starting a dormitory fire at Utumishi Girls Academy killing 16 leaders be held in custody for another 21 days pending completion of investigations.
Through their advocates, the nine who had been held at various police stations had applied to be released on bond until the Director of Criminal Investigations (DCI) completed investigations, but the Court objected to it.
Making his ruling, the Naivasha Chief Magistrate, Abdluqadir Lorot Ramathan, said there were reasonable applications by the prosecution to deny them Bond due to witness interference and would be put in custody at the Nakuru Children Remand facility until June 24.
Ramathan’s ruling follows a successful application by the prosecution, which had sought 30 days to hold the nine minors aged between 15 and 17 years for 30 days as proof of the incident gathered pace.
Amid heightened security around the courtroom, the nine minors in concealed faces were escorted by children’s officers with the Magistrate, noting that they had full protection of the law as children.
In the early afternoon courtroom proceedings, silence spoke through the flashy news camera, as the parents of the accused minors and those who lost their daughters followed the session, eager for every detail.
While making his ruling, the Ramathan noted that the prosecution had adduced compelling reasons to deny the minors Bond, as they had the potential to interfere with key witnesses of the fatal and unfortunate fire incident.
The Magistrate noted that the victim’s parents had entrusted the school with their children and the accused minors had willingly caused the fire that tore through the dormitory, leaving 16 dead students with charred bodies, burnt beyond recognition.
Ramathan added that although the minors had a constitutional right to Bond, they were facing serious offenses of murder and arson and there was a need for a balance as the parents of the dead were painfully awaiting DNA results to establish their children.
“The case before this Court has huge public interest and I find the prosecution application to deny accused Bond pending ongoing investigations valid, and I hereby direct the nine be held for 21 days until June 24,” said Ramathan.
The Magistrate added the inferno had left charred bodies of the 16 pupils and the parents had to wait for weeks before the DNA results were released and facilitate the burial of the children and that releasing the accused would cause more agony for the victim families.
Ramathan said that if released, this could erode the trust of some of the students, who had been lined-up as potential witnesses in a case that had drawn a lot of public attention.
He lauded the children’s officers, investigating agencies and media personnel covering the proceedings for ensuring that the child’s privacy was protected as provided for by the Constitution and the Children Act.
The Magistrate further noted that there was fear that the accused, if released, could interfere with other witnesses, with the Court accounts documenting that the students had ‘taken an oath not to snitch’ on one another.
State Prosecutor, Joseck Abwajo, supported 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.
Already the government ordered the school with over 800 students closed after the fire that tore through the highly populated dormitory section left over 70 students with injuries.
by Erastus Gichohi
