Utumishi: Same-Sex Allegations Emerge as Court Is Forced to Move 8 Girls From Nairobi Remand

The reasons behind the transfer of eight minors facing charges in the Utumishi Girls murder case from Nairobi Remand Home to Kamae Borstal have emerged following concerns raised by the High Court over their safety and welfare while in custody.

The Kibera High Court ordered the relocation after allegations of bullying, physical assault and inappropriate sexual conduct were raised at the Nairobi remand facility. The concerns led the court to introduce additional safeguards aimed at protecting the minors throughout the ongoing proceedings.

The eight students are accused of murder following a devastating fire at Utumishi Girls Academy, where 16 students reportedly lost their lives. The minors have denied the allegations through their legal representatives and remain in custody as the case proceeds.

Justice Diana Kavedza declined to release the accused on bail, directing that they remain detained until crucial witnesses have given evidence. At the same time, the judge issued a series of directives intended to ensure that the minors receive appropriate care and protection during their detention.

Under the court's orders, each of the eight minors must have access to a separate sleeping cubicle and a bed. They must also be provided with adequate basic necessities, security and supervision. If Kamae Borstal does not have enough space to accommodate the requirements, officials within the Ministry of Correctional Services were directed to take lawful steps to establish eight individual sleeping areas.

The institution is required to provide the court with a report confirming the availability of the required facilities within 30 days.

The minors will also be permitted to receive reading materials from their parents or guardians, provided the materials are reviewed and approved by the institution. The court further directed that they receive regular medical attention, psychosocial assistance and continued access to qualified counsellors and psychologists.

Education was another key concern addressed by the court. Authorities were directed to make arrangements that would enable the minors to continue with their studies while in custody.

A designated officer will be responsible for monitoring their safety and welfare and will submit individual reports on their welfare and counselling needs to the court every three months.

Parents and guardians will also be permitted to maintain structured contact with the minors, normally once each month, subject to the institution's guidelines.

Justice Kavedza additionally emphasised the importance of protecting the minors' privacy. The court directed that their names, photographs and other identifying details must not be published or disclosed except where permitted by law.