The High Court has deferred its decision on whether eight Utumishi Girls Academy students charged with 16 counts of murder should be released on bail, directing that comprehensive pre-bail reports be prepared before any determination is made.
The eight students, who appeared before Justice Diana Kavedza on Wednesday, denied all 16 murder charges arising from the dormitory fire that claimed the lives of 16 fellow students at the school earlier this year.
Because the suspects are minors, the court ordered that they be referred to only as “subject minors” and prohibited the publication of any information that could reveal their identities.
Rather than immediately ruling on the bail application, Justice Kavedza said the court needed adequate time to evaluate the extensive submissions, legal authorities and constitutional issues raised by both the prosecution and defence before making a decision.
The prosecution opposed the release of the students, arguing that the case involves the deaths of 16 learners and that many of the prosecution witnesses are fellow students who are familiar with the subject minors. Prosecutors maintained that releasing them at this stage could expose witnesses to intimidation and undermine the integrity of the trial.
To assist the court in determining the bail application, probation officers were directed to compile detailed reports after consulting the parents of the deceased students, the families of the subject minors, the school administration, investigators and other relevant stakeholders.
The matter will be mentioned on September 22, 2026, when the court will confirm whether the reports have been filed before issuing further directions on the pending bail application.
Pending that process, the eight subject minors will remain at Kabete Children’s Remand Home.
In separate welfare orders, Justice Kavedza directed that the minors should not have access to mobile phones, social media platforms or television while in remand after reports indicated they had been exposed to online abuse, threats and cyberbullying related to the case.
The court instructed children’s officers to enforce the restrictions, recover any unauthorized electronic devices and assess whether the minors are adequately protected within the remand facility. If necessary, they may be relocated to a safer environment.
Justice Kavedza also observed that the children appeared to be suffering emotional and psychological distress following the incident and their continued separation from their families. She ordered that they receive professional counselling for the next six months, with the costs to be met by their parents.
Additionally, the parents were directed to support the children’s welfare during their stay at the remand home by providing essential personal items, including sanitary towels, toiletries, toothpaste, toothbrushes and tissue paper.
The criminal proceedings will continue as the court awaits the probation reports, with the question of bail expected to be determined after the matter returns to court in September.
