Naivasha: A Naivasha Court has directed that the nine students accused of starting a dormitory fire at Utumishi Girls Academy, which resulted in the deaths of 16 students, be held in custody for another 21 days pending completion of investigations.
According to Kenya News Agency, through their advocates, the nine students, who had been held at various police stations, applied to be released on bond until the Director of Criminal Investigations (DCI) completed investigations. However, the Court objected to this request.
Naivasha Chief Magistrate Abdluqadir Lorot Ramathan ruled that the prosecution presented reasonable applications to deny the students bond due to concerns about witness interference. As a result, the students will be held at the Nakuru Children Remand facility until June 24. The prosecution initially sought to hold the minors, aged between 15 and 17 years, for 30 days as evidence gathering continued.
Amid heightened security, the nine minors, whose faces were concealed, were escorted by children's officers during the courtroom proceedings. The Magistrate emphasized that the minors had full protection under the law as children.
The early afternoon courtroom proceedings were marked by silence, as parents of both the accused minors and the victims closely followed the session. Ramathan, while making his ruling, noted that the prosecution provided compelling reasons to deny the minors bond, citing their potential to interfere with key witnesses in the fire incident.
The Magistrate acknowledged that the victims' parents had entrusted the school with their children, and the accused minors were alleged to have willingly caused the fire, which left 16 students dead. Although the minors have a constitutional right to bond, they face serious charges of murder and arson, and the court must balance these rights with the ongoing investigation and the victims' families' need for closure.
'The case before this Court has huge public interest, and I find the prosecution's application to deny accused bond pending ongoing investigations valid. I hereby direct the nine be held for 21 days until June 24,' said Ramathan.
He further noted that the inferno left charred bodies of the 16 pupils, and the parents had to wait for DNA results to facilitate the burial of their children. Releasing the accused could cause further distress to the victims' families.
Ramathan expressed concern that releasing the accused could undermine trust among potential witnesses in the highly publicized case. He commended the children's officers, investigating agencies, and media personnel for protecting the privacy of the minors as required by the Constitution and the Children Act.
The Magistrate also cited fears that the accused, if released, might interfere with other witnesses, noting that court documents indicated the students had 'taken an oath not to snitch' on one another.
State Prosecutor Joseck Abwajo supported the transfer of the minors to Nakuru Remand Home, a facility for minors in conflict with the law, asserting that this measure would not constitute pre-trial detention under the Children Act.
Following the fire that devastated the densely populated dormitory section, leaving over 70 students injured, the government ordered the closure of the school, which has over 800 students.