Nine students linked to the devastating fire at Utumishi Girls Academy in Gilgil that claimed the lives of 16 students have been arraigned at the Naivasha Law Courts amid heightened security.
The minors appeared before the court on Tuesday as prosecutors sought orders to detain them for 30 days pending the completion of investigations into the tragedy that occurred on May 28. Seven other students injured in the inferno remain admitted at Kenyatta National Hospital receiving treatment for burn injuries.
The court is expected to rule on the prosecution’s application on June 3.
During the proceedings, the State argued that investigators require additional time to trace and interview key witnesses who are now dispersed across different parts of the country following the school’s indefinite closure.
According to prosecutors, releasing the suspects at this stage could jeopardize ongoing investigations.
“The school has since been closed indefinitely and students released to their parents. Potential key witnesses in the matter are located in different parts of the country, and investigators need time to get them and record their statements,” the prosecution told the court.
The State further argued that the gravity of the case and the intense public reaction following the incident could expose the suspects to danger if they were released on bail or bond.
“The incident has elicited public outrage, thus placing the safety and lives of the respondents in danger if they are released on bail or bond,” prosecutors submitted.
Investigators also cited the circulation of CCTV footage allegedly linked to the incident, saying its release had heightened public emotions and increased security concerns surrounding the suspects.
The prosecution urged the court to allow the minors to remain at the Nakuru Children’s Remand Home for 30 days as detectives finalize their investigations.
Lawyers representing the victims supported the application, urging the court to consider the magnitude of the tragedy and the need to protect the integrity of the investigation.
However, the defence strongly opposed the request, arguing that the State was effectively seeking pre-trial detention without formally charging the minors.
“We are opposed to the application. They are looking for pre-trial detention without any charges preferred against the minors,” the defence submitted.
Lawyer Kipkoech Ngetich, representing the students, dismissed claims that the minors could interfere with investigations.
“Can the children interfere with government agencies involved in the probe? No, that is not possible,” he told the court.
Police are investigating the incident as a case of arson and murder.
According to statements recorded by detectives, some of the students claimed they were protesting changes to the school’s examination timetable, alleged mandatory contributions towards a cultural event, and influence from students at a neighbouring boys’ school that had recently gone on strike.
Investigators say forensic analysis of CCTV footage indicates that the plan to set the dormitory ablaze was conceived at around 9 p.m. and executed approximately three hours later.
Detectives allege that matchboxes, mattresses and paraffin were assembled before the attack, which occurred at about 12:10 a.m.
Officers from the Directorate of Criminal Investigations’ Child Protection Unit, alongside counsellors, have been involved in interviewing the students at Gilgil Police Station.
Homicide detectives believe the plot may have involved additional individuals, particularly due to the alleged use of paraffin, which investigators suspect may have been obtained with assistance from outside the school.
Authorities have confirmed that investigations are ongoing and that more suspects could be arrested as detectives continue to unravel the circumstances surrounding one of the deadliest school fire tragedies in recent years.
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