The razed dormitory at Utumishi Girls Academy/FILE
The Director of Public Prosecutions (DPP) has approved 16 counts of murder against nine students linked to the deadly fire at Utumishi Girls Academy in Nakuru County that claimed the lives of 16 learners on May 28.
The approval follows a review of a preliminary inquiry file submitted by the Directorate of Criminal Investigations (DCI), paving the way for the suspects to face murder charges in court.
In a statement issued on Monday, the Office of the Director of Public Prosecutions confirmed that the students will each face 16 counts of murder arising from the incident.
“Upon careful assessment of the evidence, the Director of Public Prosecutions (DPP) has approved charges against the implicated students. The suspects will face sixteen (16) counts of murder arising from the incident,” the ODPP said.
The fire broke out at the school on the night of May 28, killing 16 students and causing significant destruction to school property.
The ODPP also expressed concern over a recent rise in incidents of arson and related criminal conduct in learning institutions across the country.
“The DPP expresses deep concern over the recent increase in reported incidents of arson and other related acts of criminal conduct in educational institutions across the country,” the statement said.
The prosecution agency warned that individuals found responsible for such offences would be held accountable in accordance with the law while reaffirming its commitment to a fair and evidence-based prosecution process.
“The Office remains committed to ensuring justice through a fair, impartial, and evidence-based prosecution process,” the ODPP added.
The latest development comes weeks after the Naivasha Law Courts allowed an application by the DPP to detain the nine students for 21 days to facilitate investigations into the incident.
At the time, the prosecution argued that investigations into possible arson and murder charges were still ongoing and required additional time to be completed.
The court heard that key forensic processes, including DNA analysis and other scientific examinations, had not been finalised.
The prosecution further told the court that continued detention of the minors was necessary to safeguard the integrity of investigations and ensure their welfare given the sensitivity of the matter and the public interest it had generated.
Chief Magistrate Abdulqadir Ramadhan directed that the students be held at the Nakuru Children's Home during the detention period and granted them access to officers from the Children's Department, legal representation and other support services.
The court also barred members of the public and media from publishing or disseminating images of the students in line with laws protecting minors.
Investigators previously told the court that the suspected plan to set the dormitory on fire was allegedly conceived at around 9pm and executed about three hours later.
According to investigators, forensic analysis of CCTV footage captured movements leading up to the fire, with matchboxes, mattresses and paraffin allegedly secured before the blaze broke out shortly after midnight.
Detectives from the DCI's Child Protection Unit, alongside counsellors, were involved in interviews conducted as part of the investigations.
Investigators also cited grievances allegedly raised by some students against the school administration, including concerns over changes to the examination calendar and other school activities.
Homicide detectives handling the case had indicated that investigations were continuing to establish whether additional individuals may have been involved in the planning and execution of the arson attack.
The matter had been scheduled for mention on June 24 for directions and an update on the progress of investigations before the latest decision by the DPP to approve murder charges.
The ODPP extended its sympathies to the families of the victims, friends and the wider school community affected by the tragedy, saying it remained committed to upholding the rule of law, protecting the public interest and ensuring accountability where criminal conduct is established through investigations.
