A High Court judge in Kibera on Friday June 26 deferred plea taking for eight students from Utumishi Girls Academy in Gilgil, Nakuru County, who are likely to face murder charges of 16 schoolmates on May 28, 2026.
The trial judge informed them that they could not be called upon to plead to the 16 counts of murder, whose penalty upon conviction is either a death sentence or life imprisonment, before a psychiatrist examines them to establish that they are mentally fit to stand trial.
The court further informed the minors that they require legal representation as they are facing grave charges.
“Due to the severity of the offences approved against you by the Director of Public Prosecutions, you cannot be called upon to plead before your mental status is established, as well as your ages,” Justice Diana Kavedza told the suspects during a virtual hearing.
The judge consequently ordered that the eight be examined by a government psychiatrist and that a report be filed in court through the Office of the Director of Public Prosecutions (ODPP).
The case against the suspects, who are being held at Kabete Juvenile Remand Home, was transferred from Naivasha to Nairobi three days ago due to security concerns.
Defence lawyers who were sitting in open court at the Kibera High Court urged the judge to order that the suspects be examined over the weekend and that both the mental assessment and age assessment reports be filed through the ODPP on or before July 1, 2026.
The prosecution concurred with the defence lawyers that the mental examination and age assessment reports are required before the suspects can be called upon to plead to the murder charges.
The judge heard from the prosecution that it was the first time the suspects were being produced before the High Court to start their trial.
The nine Utumishi Girls Senior School students suspected of torching their school dormitory killing 16 colleagues before the Naivasha Law Court on June 3, 2026.
Photo credit: File | Nation Media Group
“The purpose of today's session is for the suspects to be informed by the court of the charges preferred against them. They are also not required to plead at this stage as they have not been subjected to a mental examination to establish whether they are fit to stand trial,” the judge heard.
The prosecution also said the suspects need legal representation and, if they cannot afford to hire a lawyer, then the Deputy Registrar of the High Court's Criminal Division should be directed to appoint one for them.
Following submissions by the prosecution, the judge informed the suspects that the DPP has approved that they stand trial for the murder of 16 girls on the night of May 28, 2026, at Utumishi Girls Academy in Gilgil, Nakuru County.
Justice Kavedza ordered the police to escort the girls for mental examination by a government psychiatrist over the weekend. She also ordered that their ages be established.
The judge directed that either parents, guardians or lawyers accompany the suspects to court on July 1, 2026, when the charges will be read to them. They will then be called upon to plead.
“This case is adjourned to July 1, 2026, when the suspects will be produced in open court to plead to the murder of 16 girls,” Justice Kavedza ordered.
She directed that the girls remain at the Kabete Juvenile Remand Home, where they will be detained until the case against them is heard and determined.
Justice Kavedza deferred plea-taking for the eight Utumishi Girls Academy students charged with the murder of 16 schoolmates who died in a dormitory fire last month.
In the intervening period, Justice Kavedza ordered the prosecution to supply the accused with the necessary documents to enable the suspects to begin preparing their defence.
Three days ago, the ODPP approved 16 counts of murder arising from the May 28 tragedy at the Nakuru-based school.
Transfer of the matter from the Naivasha Law Courts to Nairobi was prompted by a number of factors, chief among them security concerns arising from the proximity of the scene to the court. The suspects were remanded pending the hearing of the case.
