The eight minors facing murder charges over the deadly Utumishi Girls Academy dormitory fire are negotiating possible plea agreements with the prosecution, as the High Court seeks to bring the case closer to resolution.

The discussions took a significant step forward on Thursday, November 12, when Kibera High Court Judge Diana Kavedza directed the prosecution and defence teams to speed up negotiations and submit written agreements by December 15, 2026.

The case involves the deaths of 16 students in a fire that swept through a dormitory at the Nakuru County school in May, leaving dozens of other learners injured.

The prosecution told the court that negotiations involving the accused minors had reached different stages. While some proposals had been rejected, others remained under consideration.

The State said the parties were approaching the conclusion of the discussions but maintained that it would not accept every proposal presented by the defence.

Prosecution rejects proposal to turn three minors into witnesses

One of the major disagreements concerns a proposal to have three of the accused minors, identified in court as Subjects 5, 6 and 8, become prosecution witnesses.

The State told the court that it was not satisfied with the terms proposed for their conversion into witnesses.

Other minors have expressed interest in admitting guilt through plea agreements, although their requests are still undergoing review.

The prosecution said one proposal was awaiting a response from the Office of the Director of Public Prosecutions (ODPP), while another request required approval from the Director of Public Prosecutions.

However, the State maintained its opposition to plea negotiations involving Subject Minor 1, insisting that the child should remain part of the criminal proceedings as an alleged offender.

The different positions mean that the eight cases could follow different legal paths, depending on the outcome of the negotiations.

 

Judge raises concerns over minors' welfare

During Thursday's proceedings, Justice Kavedza urged both sides to conclude the negotiations without unnecessary delays.

The judge emphasised the need to avoid prolonged court proceedings involving children.

She also sought clarification on whether the accused minors were receiving regular visits from their parents and legal representatives, particularly as the negotiations continued.

The prosecution told the court that it had not received reports indicating that the children had been denied access to their parents.

However, the judge declined to prescribe specific visitation dates, citing security considerations and the need to protect the minors' identities and welfare.

Instead, she directed that visits should be facilitated flexibly, without rigid scheduling, while maintaining the necessary security arrangements.

The court's attention to the minors' welfare comes as the accused remain in custody at Kamae Borstal Institution.

What happened at Utumishi Girls Academy?

The criminal case stems from a devastating dormitory fire at Utumishi Girls Academy in Gilgil, Nakuru County, on May 28, 2026.

The blaze broke out shortly after midnight, leaving 16 students dead and 79 others injured.

The incident triggered a nationwide outpouring of grief and renewed concerns about safety standards in Kenya's boarding schools.

Following the tragedy, Education Cabinet Secretary Julius Ogamba announced the closure of the institution to allow investigations into the incident.

Preliminary investigations pointed to suspected arson, with eight students identified as persons of interest.

Authorities also raised concerns about safety failures at the school, including overcrowding in the affected dormitory and an exit door that had reportedly been locked.

The government subsequently dissolved the school's Board of Management, while disciplinary action was initiated against some members of staff.

The eight minors were later charged with 16 counts of murder in connection with the deaths. They pleaded not guilty when they appeared in court in July 2026.

The charges remain allegations, and the accused are entitled to the protections afforded to them under the law.

 

Court awaits written agreements in December

The latest directions place December 15, 2026, as the next important date in the proceedings.

By then, the prosecution and defence teams are expected to inform the court about the progress made and present any written plea agreements reached.

Plea bargaining allows an accused person and the prosecution to negotiate an agreement on how a criminal case may be resolved, subject to the law and approval by the court.

The negotiations do not automatically amount to a conviction or guarantee a particular outcome. Any agreement must undergo the required legal process before it can take effect.

For the families of the 16 students who died, the proceedings mark another stage in a case that has continued to draw public attention since the May tragedy.

Whether the negotiations will produce agreements for all seven minors remains to be seen.

The court is expected to receive an update on December 15, when the next steps in the case will become clearer.