Eight of the nine girls accused in connection with the fatal fire at Utumishi Girls High School in Gilgil will be charged with 16 counts of murder at the High Court in Nairobi on Friday, June 26.
This is after the State dropped charges against one of the girls accused of setting a dormitory ablaze on May 26, an incident that claimed the lives of 16 students.
State Counsel Emma Bosire told the court that following investigations, the Directorate of Criminal Investigations (DCI) had withdrawn charges against one of the students due to insufficient evidence and was now ready to charge the remaining eight suspects with 16 counts of murder.
Naivasha Chief Magistrate Abdulqadir Ramathan directed that the ninth accused be handed over to her parents.
“The ninth respondent shall be released from custody and be handed over to her parents or guardians,” he ordered.
Further, prosecutor Bosire applied to have the case transferred to the High Court in Nairobi, arguing that it was necessary for the safety and well-being of the students, who have been in custody for the last 21 days.
According to Bosire, tension and anger against the accused persons remained high and their security could not be guaranteed in Naivasha.
“In an affidavit, we are seeking that the eight suspects be charged with murder in the High Court in Nairobi, where their security is guaranteed,” Bosire noted.
She further told the court that intelligence reports indicated hostility towards the minors and urged the court to have them detained at the Nairobi Children’s Remand Home in Kabete.
The prosecution’s position was supported by court prosecutor Joseck Abwajo, who argued that despite objections from the defence, the court had the jurisdiction to transfer the matter.
“The defence is opposed to an application to transfer the matter to Nairobi, but at the moment there is no case number or file, and this court has the powers to transfer this matter,” Abwajo stated.
However, advocate Mbugua Macharia, representing the victims, opposed the planned transfer, arguing that it was contrary to the law.
He said the lower court lacked powers to transfer criminal matters from one court to another, noting that such authority rests with the High Court.
Macharia further argued that the Naivasha High Court was fully capable of handling the matter and urged that the accused persons be charged immediately.
“The application to transfer the case to Nairobi is unfair to both the parents and the accused, as we have a capable High Court in Naivasha,” Macharia noted.
After reviewing both pleas, Ramathan directed that the prosecution has the mandate to determine whether the eight minors be held at Nakuru or Nairobi Children’s Remand Home for two days before being presented in court on Friday.
“Though the victims are opposed to the transfer of this matter to another court, the prosecution has the right to charge accused persons in a court of their choice and it is up to them to determine where to take the eight respondents,” the Magistrate ruled.
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