The High Court in Kibera has denied bail to eight minors charged with 16 counts of murder over the Utumishi Girls Academy dormitory fire that killed 16 students in Gilgil, Nakuru County.
Justice Diana Kavedza dismissed the minors’ bail applications on Monday, September 21, 2026, after considering submissions from both the prosecution and defence as well as pre-bail, social inquiry and psychosocial reports concerning the accused children.
The judge ruled that the immediate release of the eight minors would expose them to an appreciable risk of harm and raised concerns about the protection of the minors, vulnerable persons, public safety and the integrity of the ongoing trial.
The court therefore ordered that the eight remain in custody as the murder case proceeds.
Why the court denied bail
A major issue before the court was whether there were compelling reasons to keep the minors in custody despite their constitutional right to seek bail pending trial.
Justice Kavedza considered concerns arising from the relationship between the accused and potential prosecution witnesses, many of whom are fellow students or members of the same school community.
Reports presented to the court also raised concerns about the minors’ welfare, including psychological distress, anxiety, peer conflict, allegations of bullying and physical abuse, and difficulties adjusting to their circumstances in custody.
The court found that the circumstances required continued protective custody, heightened supervision and professional psychological support.
The decision does not amount to a finding that the eight minors are guilty of the offences they face.
They pleaded not guilty to all 16 murder counts when they appeared before the High Court in July.
Eight minors face 16 murder counts
The eight minors were charged following investigations into the fire that broke out at Utumishi Girls Academy in Gilgil on the night of May 27 and into May 28, 2026.
The blaze killed 16 students and injured 79 others, according to earlier government reporting. Preliminary investigations treated the incident as suspected arson, with investigators subsequently pursuing the circumstances that led to the deaths.
The Office of the Director of Public Prosecutions later approved the 16 murder charges against the eight minors.
At their July 1 arraignment, all eight denied the charges.
Court orders protection of the minors
Although the court rejected their applications for release, Justice Kavedza issued several directions concerning the children’s welfare while they remain in custody.
The eight are to be held at Kamae Girls Borstal Institution, where the court ordered measures to protect their safety and dignity.
Each minor is to have an individual sleeping cubicle and bed, while authorities are required to provide appropriate security, medical care and continued psychosocial support.
The court also directed that qualified counsellors and psychologists remain available to the minors throughout the trial.
Their parents or guardians are to have structured contact with them, ordinarily once every month, subject to the directions of the relevant officers and the institution.
The court further ordered that arrangements be made to enable the minors to continue with their education while in custody.
Identities of minors remain protected
The court has maintained safeguards against publication of information that could identify the eight children.
Their names, photographs and other identifying details are protected under the legal framework governing children in conflict with the law. Citizen Digital reported that the court specifically barred publication of their identities.
The minors should therefore continue to be referred to as subject minors rather than being publicly identified.
What happened at Utumishi Girls?
The fire at Utumishi Girls Academy became one of Kenya’s most serious school tragedies in 2026.
The May 28 blaze claimed the lives of 16 students and left 79 others injured. Government officials said preliminary investigations indicated that the fire was suspected to have been deliberately started, prompting criminal investigations.
Investigators subsequently examined the circumstances surrounding the fire before the eight minors were charged with murder.
The prosecution alleges that the accused were connected to the events that resulted in the deaths. Those allegations have not been proved in court, and the minors have denied the charges.
What happens next?
The murder case will now continue before the High Court, with the eight minors remaining in custody under the protective measures ordered by Justice Kavedza.
The prosecution will be required to prove the murder charges against each accused person to the required legal standard.
The bail ruling is therefore not a determination of guilt. The eight minors remain presumed innocent unless and until a court determines otherwise.
For families of the 16 students who died, survivors of the fire and the wider Utumishi Girls community, the ruling marks another stage in a case that began with the devastating May 2026 dormitory fire.
The focus now shifts to the substantive criminal proceedings and the evidence that will be presented before the court.
