A court in Naivasha has ordered the release of one of the nine minors who had been detained over the deadly fire at Utumishi Girls High School in Gilgil, after investigators found insufficient evidence linking her to the tragedy.
The decision leaves eight students facing prosecution over the May 26 dormitory blaze that claimed the lives of 16 learners and left dozens of others injured.
During proceedings before Naivasha Chief Magistrate Abdulqadir Ramathan, State Counsel Emma Bosire informed the court that investigations by the Directorate of Criminal Investigations (DCI) had been completed and that prosecutors were ready to proceed with murder charges against the remaining suspects.
The eight minors are expected to be arraigned before the High Court in Nairobi on June 26, where they will face 16 counts of murder arising from one of the deadliest school fire incidents in recent years.
The prosecution successfully applied for the release of the ninth suspect, who will be handed back to her parents or guardians after investigators concluded there was no sufficient evidence to support criminal charges against her.
Prosecutors also requested that the case be handled in Nairobi rather than Naivasha, citing security concerns and intelligence reports indicating hostility toward the accused minors. According to the State, the students’ safety could not be guaranteed if they remained within the Naivasha area.
The Office of the Director of Public Prosecutions proposed that the suspects be held at the Nairobi Children’s Remand Home in Kabete pending their court appearance.
However, lawyer Mbugua Macharia, representing the victims’ families, opposed the relocation, arguing that the High Court in Naivasha was fully capable of handling the matter. He further contended that only the High Court has the legal authority to transfer criminal cases from one jurisdiction to another.
In his ruling, Magistrate Ramathan held that the prosecution retains the discretion to determine where criminal proceedings should be instituted and directed the State to decide whether the minors would be detained at the Nakuru or Nairobi Children’s Remand Home ahead of their appearance in court.
The case has drawn nationwide attention following the devastating dormitory fire that killed 16 students and reignited debate about safety, discipline, and accountability in Kenyan schools. The High Court is now expected to determine the next phase of the case as the eight minors prepare to answer the murder charges.
