Step by Step trial process awaiting the 8 students accused of burning Utumishi dorm

Añadido: 2026-06-02

[00:00:00]The question that very many will be asking these girls are between 14 to 17.

[00:00:09]They are minors.

[00:00:11]When this case is likely to hand to end, they'll all be adults.

[00:00:17]Will they be treated as children at the time of sentence? What is the way forward in this episode? What is going to happen as from tomorrow?

[00:00:30]Let us start from the investigation.

[00:00:33]The law of investigation says that a minor cannot be investigated without the presence of a parent or an advocate. So those the parents will be involved during the statement recording of these students. After the investigation is completed, the file will be forwarded to the director, the office of the director of public prosecution where the a decision must be made today or tomorrow morning either to charge or to say go for a miscellaneous application. So after the ODPP the third stage we go to is in court and this is why today Monday or today we are dealing with this issue. One the girls might be brought to court and after they have appeared in court. Preliminary investigations must ascertain their age.

[00:01:42]So they must be taken to hospital for the age assessment. Remember there is no conclusivity of a birth certificate when it comes to such matters. After their age has been assertained they'll be brought to court.

[00:01:59]Let's go to the line of a miscellaneous application.

[00:02:03]The court, the prosecutor will ask the court to detain these girls for another few days, either 7 days, 10 days, 14 days, 21 days. If they come with a misin application, they would file an application and an affidavit saying why they want to detain these girls. The advocates for the girls will argue challenging the number of days that these girls are going to be kept.

[00:02:41]Most definitely the court will grant the state those days for it to enable the state to conclude their investigations.

[00:02:52]After the investigations have been completed, these children, these kids will be brought before court. One, if they'll be charged with the offense of murder, the first thing they will do is that they will have to be taken to a mental assessment. Under the law, nobody can take plea. Nobody can stand trial for murder unless their mental assessment is decided. If the reports come that they are not fit to stand trial, they will be detained still until they undergo treatment to be taken to back to court. visas happened. For example, in the matter of uh the the the person who Mutinda who killed allegedly who killed a student at at Multime Media University. The first test of mental assessment he was found to be unound mind. He was detained until a second test is done. So that is the first thing. After they have been assertained that they are fit to stand trial, the next stage is they appear before the judge to take plea.

[00:04:19]If they will not be charged with the offense of murder, they'll be charged with the offense of manslaughter or robbery with violence or whatever offense the state will do. They will have to do in court either in the high court for murder or in the lower court for any other offenses. They will have to undergo what is called a void dire test. A void diet test in law is a small aptitude test where children are exposed to be asked questions whether they understand that they are in court and what that court means. These kids being above uh 11 14 years the voidia test will find them definitely that they are fit to start trial after this. If they are charged with the offense of murder, they must have an advocate representing them. Under the law, anybody charged with the offense of murder cannot take plea. The proceedings cannot proceed without an advocate being present. It is by law. So if the families will have money they will hire advocates for the for the miners be the children before they take plea. If they don't have the judge will order an officer of the court called a deput registra who is a magistrate an administrative wing of the high court to appoint for them a proono lawyer to represent them for free.

[00:06:04]If they are charged with offense of robbery alone or man's slaughter, they will not be required by law to have an advocate. They can defend themselves without having an advocate. But if is murder, they must have an advocate. So we reach the stage of plea taking the charges will be read. Most likely they're going to be charged each with the murder of the 16 girls. So they might face 16 counts of murder.

[00:06:38]Don't worry about the charges. Charges you can be charged under the Kenyan law to over 500 counts. McKenzie has been charged with thousands, hundreds of charges. So after the charge has been read these children, the accused persons are now called accused person. They will plead guilty or plead not guilty. If they plead guilty then they will be read facts of what happened. And after they have been read facts of what happened, they will meet they will be convicted.

[00:07:21]And once they are convicted, they will have now to await what is called a pre-sentence report.

[00:07:31]They will the probation officers will be sent to enter to look for their social standards, their family records before they are sentenced. The advocates then will give mitigation. Probably the advocate will be saying these children were didn't understand what they were doing. They were joking. They thought it was a joke or they were stressed and they can bring medical reports that they were mentally notable. The court will sentence them.

[00:08:05]What will be the sentence? The sentence can be if it is for murder, the sentence goes up to life imprisonment. Remember there under the children's act you cannot sentence a minor to death.

[00:08:22]Under the children's act most of the time some courts have given these children h they give these children to be committed to a rehabilitation center which is not a prison. They can be sent to a probation hostel under the prisons for maximum of 3 years. They can also be sent to a rehabilitation uh school govern that is run by the director of children's service for a period of not more than 3 years. But the courts have changed from that direction.

[00:09:03]the courts. For example, in the case of one matter in Akuru, Justice Enugi jailed a a young man for 12 years. Also, that is if you look at those records, that is criminal petition number three of 2015.

[00:09:23]A judgment dated 14th of June 2018.

[00:09:28]Professor Joelingi, then a judge of the high court in Nakuru, sentenced a a child who had been charged and convicted for robbery with violence for 12 years.

[00:09:41]Equally in the high court at 10 in case number E020 of 2024 R versus VKY Allias P. The child was sentenced who was 17 years old was sentenced to 8 years by justice Wananda John on March 30th 2026.

[00:10:04]Let us go to the second line of uh the trial process. These children can also take plea and negotiate with the state for what is called plea bargainaining.

[00:10:20]In plea bargaining they will plead guilty and they will be given a lighter sentence. Most likely if they get an advocate who is very experienced this is not a matter that you can proceed to defend. That is the best option. They plead guilty. They enter into a plea bargain agreement so that the offense is reduced from murder to manslaughter.

[00:10:48]This one the law provides for the for it. Third issue is they plead not guilty and the case proceeds.

[00:10:59]If they plead not guilty, they will then move to the next stage of asking for bond or bail. The state is likely to oppose their bail and bond because they might one their lives might be in danger because if these children are found on the streets anybody can kill them. Most likely the state will oppose bail and if the advocates argue well they might get bail pending appeal. The question that will be at the center is will these children be denied bail? Will they be able to proceed with their education?

[00:11:41]Under article 53, whether they are accused persons, they are mere suspects.

[00:11:48]The children under article 53, the best interest of the minor is likely to carry the day and they might be released on bail. Two, if the state opposes bail, the advocates will have to deal with article 491H.

[00:12:09]Whether there is sufficient and compelling reasons to to do this, the grounds for bail are many. the heinousness of the offense, the premeditation that was there and the the way they acted that might be a very good ground to deny them bail. Then after bail has been determined, there will be a time for pre-trial conference. This is where the prosecution and the state will give the advocates and the and the accused persons the evidence the bundles they are going to use. After they have been given that dates will be given.

[00:12:55]When the hearing starts the prosecution that is the state will produce all their evidence.

[00:13:03]The witnesses will come to court all they if they are 20 if they are 50 if they are 10 they give their story in what is called examination in chief.

[00:13:14]Here is where they give their evidence.

[00:13:17]They produce the CCTV footage that we have seen. They bring them to the attention of the court. Remember the judge has never seen that CCTV footage.

[00:13:29]It must be brought to court.

[00:13:32]judges, judicial officers have no copy of the file the police have and the DPP have. They wait until the witness comes to court, gives his story and produces those CCTV footages plus the postmortm reports. All those things will be done.

[00:13:55]The advocates for the accused children will crossexamine.

[00:14:01]They will ask several questions trying to prove that the witnesses are lying, trying to show that the children did not do that offense or if they did it they were either held by demons or whatever it is. So the lawyers will try to put so much into the state that the evidence they have is not sufficient after the end of the state producing the witnesses.

[00:14:32]The first half of a criminal trial will end. What will follow? It is now the lawyers for the state that's the prosecutors and the lawyers for the children who have been charged to argue for what is called a no case to answer.

[00:14:51]When the no case to answer is done, submissions can be done orally or submissions can be done by written submissions. The lawyers for the state that's the prosecutor will be trying to show that they approved a case if it's robbery with violence if is murder if is manslaughter if it is as that they approved a case against the the the eight suspects so that they can be put on their defense. The advocates will be battling so hard to tell the court that there is no sufficient evidence. The prosecution did not discharge that. The question here is what you hear being said. Has the state established a primaasi case? A primmaafasi case is a case that is likely to succeed. The judge or the magistrate will go to write a ruling. The ruling is whether to put the eight girls into their defense or to end that matter. If the court finds that there is no sufficient evidence, the the girls will be acquitted at that stage.

[00:16:06]But if the court finds that a primmaasi case has been established, the girls will be put on their defense. When they are put on their defense, they will have options on how to defend themselves.

[00:16:21]One, they can opt to keep quiet.

[00:16:25]The law allows them to keep quiet and the court will proceed and make a judgment out of it. Two, they can s they can take the option of giving their evidence without being sworn, without taking a Quran or without taking a Bible.

[00:16:44]If they take that approach, they will not be questioned. They will not be cross-examined by the prosecutor.

[00:16:52]Third, if they opt to give their evidence with sorn evidence that is they take the Bible or they take the Quran or they affirm themselves, then they will have to give their evidence and they'll be cross-examined on that evidence. So after this has been decided they will now move to defend themselves. Here they will also be allowed to bring their witnesses.

[00:17:25]They might get 10 witnesses. Some of them might say they were not uh in school that day. They'll enter into what is called an alibi. Me I was at home or I was not in that dorm or whatever it is. They will bring their own evidence.

[00:17:41]They will proceed give their evidence and their witnesses. The prosecution will prosecute the will ask them questions, cross examination and later what is called re-examination.

[00:17:56]After this submissions again must be done. The submissions must be done. The prosecutor will now put submissions that they have put their defense but they have not exonerated themselves. Then the second issue the do the advocates for the accused girls will proceed to argue that they have exonerated themselves.

[00:18:23]The judge will have or the magistrate will have to write a judgment. This judgment is when there are two issues.

[00:18:33]Either the judge will find these girls not culpable. And if they find the girls not culpable, they will be acquitted. If the judge finds or the magistrate finds that the girls are culpable, they will be convicted. Once they are convicted, if they were released on bond, the bond or bail is cancelled. Then they go back to prison awaiting the sentence. If they were not if they were not released on bond, then they'll continue staying inside until the sentence is done. After they have been convicted, the courts must order what is called a pre-sentence report. This is a report that is compiled by the probation office. The director of probation has officers in the whole country. They will go interview the victims. The victims will have their advocate present from day one because under the victim protection act they will also be represented by an advocate called an advocate watching brief. The victims will be interviewed. How do they feel?

[00:19:53]Two, the parents of these accused persons and the community will be will be interviewed.

[00:20:00]administration.

[00:20:02]Government agencies in the local places will be interviewed and the probation officer will recommend whether these children or the accused people are fit to be given a sentence or to be jailed outside or to be jailed in prison. The report comes when the report comes the court will look at that report. This is the social aspect of this case. Then the submissions will be done on mitigation.

[00:20:34]In mitigation, the advocates for their the convicts now they are called convicts is not arguing to challenge the decision of conviction. He's trying to appeal to the court to give them to give them a lighter sentence. Here the advocate will be talking about the age of the children. He'll be talking about how adolescents behave. These are not even Gen Z's. These are alpha kids. They are growing. He'll try to show how kids and rascals can be. They didn't understand what they were doing and they they seeking for mercy and forgiveness to start a new life ahead. The advocates for the state and the advocates for the victims will be saying how he hinous the offense has been and how it has affected the parents and the community at large.

[00:21:29]The judge will now give a sentence. If it is murder, if it is murder, the judge has the liberty to imprison this kid, the the accused girls from an imprisonment of one day to a live imprisonment depending on how the judge has had this matter. If it is robbery with violence, the offense, the court of appeal has decided that the offense cannot be any punished by any other law. It is by a death sentence. This is the judgment that came from the court of appeal just the other day. So they'll be sentenced to death.

[00:22:15]The question that very many will be asking these girls are between 14 to 17.

[00:22:25]They are minors.

[00:22:27]When this case is likely to hand to end, they'll all be adults.

[00:22:32]Will they be treated as children at the time of sentence? That has been dealt with in several courts. And the position now the judiciary is it they they are punished as per the time the sentence is being passed. So if they are now 14 if the sentence will be passed when they are 18 or 19 they will be jailed as adults. They will not be jailed as children.

[00:23:05]What is the way forward? In this episode, we are trying to put it very simple that in this trial, the parents must be involved in all the proceedings. The trial court the which court is likely to deal with this matter? If they are dealt, if they are charged with manslaughter, if they are charged with robbery, with violence, if they are charged with assen, the trial court will be a children's court.

[00:23:41]They will be taken to a children's court. The children's court has both civil and criminal jurisdiction. So, they will be there. the children when they'll be in court, the the media will not be allowed to cover the proceedings of these children. Very many people will want to follow the proceedings of these minors, the trial will be in camera. As much as the offense is hinous, the article 53 of the constitution protects the privacy of these miners. So the trial cannot be there. Two, the faces of these children cannot be put to the public. The media guidelines know that. Three, only the family members and the advocates will be allow and the prosecution and government officials will be present. The the trial will be in camera. It will not be exposed to that. And when the reports come out, their names will never be put out who these kids are because the time these offenses being committed, they are minors. Also, another issue that we want to bring out is that no criminal trial will proceed without the family being present or without an intermediary being present. We shall be watching from court helicopter and we have told you very well that this is a serious offense. The tapes are horrific but under the Kenyan law everybody is presumed to be innocent until proven guilty.

[00:25:36]Damari bringing to you the trending issue of how the trial of these kids is going to be conducted. It will might take long after the conviction if they are taken to the lower court at the magistrate's court. If they are convicted they will appeal to the high court. If they appeal to the high court the high court will look at the case and make a determination. If they lose at the high court, they can still go to the court of appeal. The court of appeal is available for them. If they lose at the court of appeal if they raise serious constitutional matters, the case can lead to the Supreme Court. It is not the first time a criminal matter has started from the lower court and ended in the Supreme Court. The case of Muretto started from the lower court until it reached the Supreme Court. Number two, if they are charged with murder, then their case will start at the high court, the criminal division of the high court. After the high court, any party that is agrieved, if they are acquitted, the state can appeal to the court of appeal. If they are convicted, they can appeal to the court of appeal. and also the Supreme Court. This is a battle royale. This one we dealt with the case of Nairobi Nairobi Nairobi uh girls the school that was banned and the convict was jailed for 5 years. That evidence was not overwhelming as this evidence.

[00:27:24]What is likely to be the financial burden of the lawyers? of the family.

[00:27:31]One, they will have to hire advocates at a at a terrible fees. These are children bringing this burden to the parents, legal fees. Number two, the parents must get if the kids are going to be released, cash bill. Cash bill will be a lot of money to be deposited in that fee. The case might take four, five, 6 years. It is not a simple matter. It will give a toll to every member of the families that are affected. Okay. Danumari advises every student.

[00:28:12]Your business in in school is to study.

[00:28:17]You have no reason to ban dometry. You have no reason to do what the the eight girls did. We appeal to the young people be tolerant and we also appeal to the teachers to be very very alert whenever you are handling these generation. These are kids coming from single mothers.

[00:28:41]These are kids who don't have a role model called a father. These are kids whose lifestyle is shambolic. They have seen their mothers battered by their fathers. They have seen the type of abuse that is in families. They have seen the type of neglect. These are children who are hopeless. These are children who don't see the future. They are being told to go to school. There are no jobs. They are being told to go to school. They are they have no future in them. That desperation though that there is no justification to take a matchbox to take paraffhin to take petrol to burn your colleagues from hotel copter. My appeal and our appeal is that let schools be areas to study not to be turned into mojeries where parents are coming to pick to identify their children who have been banned.