Utumishi Girls: Eight Minors Await Bail Ruling as Court Weighs Safety and Child Welfare

The fate of eight minors facing murder charges over the Utumishi Girls Academy dormitory fire will be decided by the High Court on Tuesday, September 22, as the court weighs their safety, the concerns of affected families and the integrity of the trial.

The eight students are facing 16 counts of murder over the May 28 fire at the Gilgil-based school in Nakuru County that killed 16 learners and injured 79 others.

They have denied all the charges.

Justice Diana Kavedza deferred the bail decision in July after directing probation officers to prepare detailed pre-bail reports. The reports were to include the views of the families of the deceased students, the school administration, investigators and the minors themselves.

The eight have remained at the Kabete Children's Remand Home as they await the court's decision.

Court concerned about minors' safety

The bail hearing has taken place against the backdrop of concerns about the welfare of the children in custody.

Earlier proceedings raised reports of anxiety, trauma and online harassment involving the minors. The court subsequently directed that they should not have access to mobile phones, television or social media while in remand.

Justice Kavedza also ordered that they receive professional counselling, with their parents directed to meet the cost for six months.

The court has also ordered that the identities of the minors remain protected.

Justice Kavedza directed that they be referred to as “subject minors” rather than accused persons during the proceedings, reflecting their status as children in conflict with the law.

The order means media reports must not reveal information that could identify the children.

Bail decision comes after months of custody

The minors were initially arrested after investigators linked them to the fire.

Nine students were initially arrested in connection with the incident. Eight were eventually charged after the Office of the Director of Public Prosecutions reviewed the investigation file.

The eight later underwent mental assessments and were found fit to participate in the proceedings before they pleaded not guilty to the 16 murder counts.

The prosecution has opposed their release, while the defence has argued that bail could be granted with appropriate conditions.

The court ordered the pre-bail inquiry to help establish whether the minors could safely be released while the case continues.

A tragedy that left 16 dead

The fire broke out shortly after midnight on May 28 at the school's Meline Waithera dormitory.

Sixteen students died while 79 others were injured.

The scale of the tragedy prompted renewed scrutiny of safety standards in Kenyan boarding schools. Parliament also recorded concerns over the condition of the dormitory and the wider failure to consistently implement recommendations made after previous school fires.

Reuters reported at the time that survivors described difficulties escaping the burning dormitory, with some students jumping from windows as they tried to get to safety. The exact circumstances surrounding the start and spread of the fire remain part of the criminal investigation and court proceedings.

The school later reopened in phases, with temporary dormitories put up after the affected building was sealed as a crime scene. Students returning to school have also been offered counselling and additional security measures.

What happens next

The immediate question before the High Court is whether the eight minors should continue to be held in custody or be released on bail while the murder case proceeds.

Whatever the outcome, the case remains at the pre-trial stage. The minors have denied the charges and have not been convicted.

The court has also made clear that the children's welfare and confidentiality must remain protected as the proceedings continue.

The bail ruling is expected on September 22, 2026.

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.