Prominent Nairobi lawyer Danstan Omari has weighed in on the ongoing Utumishi Girls Academy arson case, arguing that the prosecution could face significant legal challenges over the use of CCTV footage as evidence.
Speaking on the matter, Omari suggested that the case against the students accused of involvement in the deadly dormitory fire may become complicated due to constitutional privacy concerns.
According to the lawyer, one of the central issues likely to emerge in court is whether surveillance cameras installed within or near student sleeping areas violated the privacy rights protected under Article 31 of the Constitution.
Privacy Rights Could Become Key Legal Issue
Omari argued that Article 31 of the Constitution safeguards every person’s right to privacy, including protection from unnecessary intrusion into private spaces.
He questioned whether CCTV cameras positioned in dormitory sleeping sections could be considered lawful and whether any footage obtained from such locations would be admissible as evidence during trial.
“The legal battle ahead will largely focus on privacy rights and the admissibility of the CCTV footage,” he stated.
The lawyer further noted that accused persons cannot be compelled to incriminate themselves and that any prosecution must rely on evidence obtained through lawful procedures.
Case Could Take Years to Conclude
According to Omari, the complexity of the legal questions involved could result in lengthy court proceedings.
He estimated that the matter could take between four and six years before reaching a final conclusion through the courts, particularly if constitutional petitions and appeals are filed.
Investigations Continue
The remarks come as investigators continue probing the tragic fire that destroyed part of a dormitory at Utumishi Girls Academy and claimed the lives of 16 students while leaving dozens of others injured.
Detectives have already arrested several students as part of the investigation and have reportedly relied on forensic evidence, witness statements, and CCTV footage collected from the school.
Authorities maintain that investigations are ongoing and that the final determination of the evidence will rest with the courts.
Legal Experts Divided
The debate has sparked discussion among legal observers, with some agreeing that privacy concerns deserve judicial scrutiny, while others argue that surveillance systems installed for security and safety purposes may be legally justified in certain circumstances.
Ultimately, the courts will determine whether the CCTV footage is admissible and what weight, if any, it should carry in the prosecution’s case.
The Utumishi Girls Academy tragedy remains one of the deadliest school fire incidents in Kenya’s recent history and continues to attract nationwide attention as families seek answers and justice for the victims.
