High Court rules Utumishi Academy girls to be treated as minors, not accused persons, in fire trial

Justice Diana Kavetsa declared that the court will convert into a children’s court, emphasizing their constitutional protections despite the gravity of the charges. The Kibera High Court directed that the girls, connected to an arson attack that killed 16 learners, will be referred to as "subject minors" throughout the proceedings. Justice Kavetsa stated that the terminology used would change, asserting, "No one will call them accused persons.

We do not have accused persons. These are children." The court will create a comfortable and safe environment for minors, handling the matter in line with requirements for children facing criminal allegations.

Only the Director of Public Prosecutions and advocates representing the minors will be allowed in the courtroom. While acknowledging public grief, Justice Kavetsa cautioned against allowing sentiment to override due process, insisting the case would be decided strictly on admissible evidence and applicable law. She noted that while the minors face serious criminal charges, their constitutional protections as children are not diminished, nor does their status as children diminish the gravity of the lives lost.

The court's task is to balance both realities without compromise.