Utumishi fire: State seeks 30-day detention of suspects
The State argued that releasing the suspects now could interfere with the ongoing investigation, especially given the wide public attention the case has attracted and the circulation of CCTV footage linked to the incident.
A Naivasha court is considering a prosecution request to keep nine students linked to the Utumishi Girls Academy fire in custody for another 30 days, as detectives say they are still following key leads in a case that has left 16 students dead and others nursing serious injuries.
The prosecution told the court on Tuesday that investigators are still gathering crucial statements from witnesses who have since moved to different parts of the country, saying more time is needed to complete the inquiry into the May 28, 2026 fire in Gilgil, Nakuru County. Seven students remain admitted at Kenyatta National Hospital with burn injuries.
The State argued that releasing the suspects now could interfere with the ongoing investigation, especially given the wide public attention the case has attracted and the circulation of CCTV footage linked to the incident.
"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 said in court.
Prosecutors added that the suspects face serious allegations and warned that their safety could be at risk if released.
"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 State argued.
They also told the court that the CCTV footage in circulation has intensified emotions around the case and complicated security concerns.
"The safety and security of the respondents is key, especially after the release of the CCTV footage," the prosecution added.
Victims’ lawyers supported the application, urging the court to consider the seriousness of the matter and the rights of those affected.
"We are in support of the application. In considering this application and based on the Victim Protection Act, we urge the court to take into account the magnitude and nature of the offence as well as the public outcry," the victims' lawyer told the court.
The defence opposed the application, saying the State was attempting to hold the minors without formal charges.
"We are opposed to the application. They are looking for pre-trial detention without any charges preferred against the minors," the defence stated.
Kipkoech Ngetich, representing the suspects, rejected claims that the students could interfere with investigations.
"Can the children interfere with government agencies involved in the probe? No, that is not possible," Ngetich told the court.
Police say the fire is being treated as a possible case of arson and murder, with investigators believing more people may have been involved. Some students are said to have linked the incident to disputes over exam timetable changes, charges for a cultural event, and influence from a neighbouring boys’ school strike.
CCTV analysis reportedly shows movement involving items such as matchboxes, mattresses and paraffin before the fire. Detectives believe discussions began around 9 pm, with the fire set hours later.
The court will rule on whether the nine students remain in custody as investigations continue.
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