A Naivasha court has ordered that nine students suspected of setting fire to a dormitory at Utumishi Girls Academy be held for 21 days to allow police to complete investigations.
The prosecution had sought to have the court extend the detention of the nine minors for an additional 30 days to allow police to conclude investigations into the school fire tragedy that claimed 16 students’ lives.
However, the court instead granted a 21-day detention order, directing that the suspects be held at the Nakuru Children Remand Home pending completion of the probe.
The chief magistrate ruled that the decision to detain the minors was guided by concerns over their safety and security, as well as the risk of interference with witnesses.
He further noted that the prosecution had presented sufficient grounds to justify the application for pre-trial detention.
“I am persuaded that there is likelihood of interference with witnesses which in my view is a compelling reason. But by far the most compelling reason remains the safety and security of the respondents,” ruled the magistrate.
KUPPET leadership visits Utumishi Girls after deadly dormitory fire
The court upheld the prosecution’s submission that the incident had sparked public outrage, which posed a threat to the suspects’ safety. In its application dated June 2, the prosecution stated that the girls had been identified in CCTV footage circulated online, thereby endangering their lives.
The magistrate observed that the circumstances surrounding the tragedy, and the emotions it stirred among the victims’ families, could drive the parents to seek revenge for their children’s deaths. The court subsequently directed the police to ensure the safety of the suspects in the remand home until June 24 when the case will be mentioned.
“The suspects may well be innocent, and their safety is of paramount importance to this court. It is a position that the court cannot walk away from. In my view, this meets the threshold of measure of the last resort as dictated by Article 53 of the Constitution,” stated the magistrate.
On the issue of witness interference, the court observed that the suspects are likely to come into contact with potential witnesses known to them, as some of them reside in the same area.
“Potential key witnesses are students, who know each other well and it is therefore not far-fetched that they are going to meet. I am persuaded that there is likelihood of interference, which in my view is a compelling reason,” said the magistrate.
By Frank Mugwe
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