The prosecution is weighing different proposals from seven minors accused of murder over the Utumishi Girls Academy dormitory fire, with the High Court setting a one-month deadline for the parties to settle on possible plea agreements.
The discussions could see some of the accused admit the charges against them, although disagreements remain over proposals submitted by their lawyers, including a request to have three of the minors testify for the State.
The developments emerged on Thursday when the case came up for directions before Kibera High Court Judge Diana Kavedza, who directed the prosecution and defence teams to speed up negotiations and file written agreements by December 15, 2026.
The judge gave the parties one month to make progress, warning against allowing the discussions to drag on unnecessarily.
“We give you one month to see how far we have gone,” the judge said.
Prosecutors informed the court that negotiations with the minors were at different stages, with some requests having been declined and others still being reviewed.
“We are on the verge of completing plea bargaining talks,” the State told the court.
One of the major sticking points is a proposal seeking to have subjects 5, 6 and 8 converted into prosecution witnesses. The State rejected the terms presented for their proposed role as witnesses, saying it could not agree to the conditions.
Meanwhile, other accused minors have approached the prosecution with requests to plead guilty, prompting further discussions on the possibility of resolving their cases through negotiated agreements.
The court was told that one of the proposals had been forwarded to the Office of the Director of Public Prosecutions (ODPP) for a response, while another request to admit the charges was awaiting the DPP's approval.
However, the prosecution ruled out negotiations with subject one, insisting that the minor should remain in the proceedings as an alleged child offender.
The State said it would consider the outstanding proposals and communicate its position on whether agreements could be reached with the remaining minors.
In giving directions, Justice Kavedza emphasised the need to conclude the process promptly, pointing to the importance of avoiding lengthy court battles involving children.
The court also examined the welfare of the accused minors, with the judge asking whether their parents and legal representatives were accessing them regularly, including through visits at least twice every month.
The prosecution responded that it had not received complaints or information suggesting that the minors were being denied contact with their parents.
Justice Kavedza, however, declined to introduce fixed dates for the visits, citing security considerations and the need to protect the children's identities and well-being.
Instead, she directed that access be arranged on a flexible basis, without imposing a strict visitation timetable, as long as the safety of the minors was guaranteed.
The eight minors are charged with murder following the May 28, 2026, inferno at Utumishi Girls Academy, which claimed 16 students' lives and left another 79 injured.
The matter is scheduled for mention on December 15, when the prosecution and defence are expected to inform the court whether they have reached agreements and provide an update on any outstanding negotiations.