The prosecution has asked the court to detain several student suspects for 30 days as investigations continue into the Utumishi Girls Academy dormitory fire that left 16 students dead and triggered nationwide outrage, leading to the indefinite closure of the school.
During Tuesday’s hearing, the State argued that detectives require more time to complete critical aspects of the investigation, including locating and recording statements from key witnesses who are currently dispersed across different parts of the country. Prosecutors told the court that releasing the suspects on bail or bond at this stage could jeopardise the integrity of the ongoing probe.
“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 submitted.
The State further contended that the suspects are facing serious allegations and could be exposed to security threats due to heightened public anger following the tragedy. Prosecutors also pointed to the circulation of CCTV footage linked to the incident, saying it has intensified public emotions and raised safety concerns for those implicated.
“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,” the prosecution argued, adding that detention at the Nakuru Children’s Remand Home was necessary to safeguard both the investigation and the suspects.
Lawyers representing the victims supported the application, urging the court to consider the gravity of the offence and the need to protect the integrity of ongoing investigations. They said early release could undermine justice for the affected families.
However, defence lawyers opposed the request, arguing that the State was seeking pre-trial detention without formal charges. They insisted that no compelling evidence had been presented to justify continued detention, and dismissed fears that the minors could interfere with the investigation.
“The children cannot interfere with government agencies involved in the probe,” defence counsel Kipkoech Ngetich told the court.
The court is expected to rule on the application as pressure mounts for both accountability and due process in the high-profile case.