Eight students from Utumishi Girls Academy have pleaded not guilty to 16 counts of murder over the May 28 dormitory fire that killed 16 students and injured 79 others, as the High Court directed that a bail ruling will be made after wider consultations with victims, parents, school officials and investigators.
The students appeared before Justice Diana Kavedza at the Kibera High Court, where they denied all the charges linked to the deadly school fire.
The case arises from one of the most serious school fire tragedies reported this year, with prosecutors linking the accused students to the blaze that broke out in a dormitory at the school on May 28.
Following the plea, the defence opened its application for bail, asking the court to consider releasing the accused students pending trial.
However, Justice Kavedza said the court could not make an immediate ruling, citing the seriousness of the charges, the number of victims involved and the fact that many of those affected are minors.
The judge directed the probation office to prepare a detailed report before the court can determine whether the students should be granted bail.
The report is expected to capture the views of the victims, parents of the deceased students, the school administration, the lead investigating officer and the accused children.
Justice Kavedza said she would need more time to consider the bail request, noting that murder cases require careful handling, particularly where the victims and accused persons are minors.
“I will need more time, and in fact a lot of time to consider,” the judge said while issuing directions on the bail application.
She further noted that the court had to take into account the scale of the tragedy before making any decision on release terms.
“Justice moves very slowly in murder cases. Victims are many, minors are many,” the court observed.
The judge indicated that the bail ruling is likely to be delivered in September, after the court recess.
The matter will be mentioned virtually on September 22 to confirm whether the required reports have been filed.
The court also barred the media from livestreaming the proceedings, a move likely aimed at protecting the privacy of minors and preserving the dignity of the victims’ families as the case proceeds.
The restriction, however, does not stop normal reporting on court proceedings, provided coverage complies with the court’s directions and the legal protections surrounding minors.
The May 28 fire left the school community in shock after 16 students died and dozens of others sustained injuries. The incident has since raised fresh concerns about safety in boarding schools, emergency preparedness and student welfare.
School fires have long been a sensitive issue in Kenya, with past incidents prompting calls for stricter enforcement of dormitory safety standards, stronger supervision and better mental health support for learners.
In this case, the prosecution will be expected to prove the murder charges against each accused student beyond reasonable doubt during trial.
The accused students, through their lawyers, remain presumed innocent unless found guilty by the court.
The bail application will now depend heavily on the probation report and the views collected from key parties affected by the tragedy.
The court is also expected to consider whether releasing the accused students would interfere with witnesses, affect their safety, or undermine the interests of justice.
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