Trial judge Diana Kavedza/LEAH MUKANGAI
The High Court has directed that eight students from Utumishi Girls Academy facing murder charges over the May 28, 2026 dormitory fire incident be referred to as “subject minors” because of their age.
Justice Diana Kavedza issued the directive during proceedings at the Kibera High Court where the eight students took plea on 16 counts of murder linked to the deaths of 16 fellow students.
All the subject minors denied the charges.
While addressing the court, Justice Kavedza emphasised that the language used throughout the proceedings must reflect legal safeguards applicable to children in conflict with the law.
“Nobody should call them accused persons. We do not have an accused person. These are children; we shall refer to them and address them as minor subjects,” the judge directed.
At another point during the proceedings, the court stated: “The subject minors are charged with murder.”
The charges arise from investigations into the dormitory fire that occurred on May 28, 2026, leaving 16 students dead and 79 others injured.
The court further directed that the identities of the eight students remain protected throughout the proceedings.
Justice Kavedza issued strict media guidelines allowing accredited journalists to attend and report on proceedings conducted in open court.
She, however, prohibited any publication or broadcast that could directly or indirectly reveal the identities of the minors.
“Accredited media representatives may attend and report from all proceedings conducted in open court. Such reporting shall be fair, accurate, and confined to the proceedings, the court rulings, procedural developments, and matters of legitimate public interest," the judge ordered.
"No report, publication, or broadcast shall directly or indirectly identify any subject minor.”
The court also cautioned against sensational reporting and external commentary that could interfere with the administration of justice.
Justice Kavedza stressed that reporting should remain within the boundaries of the judicial process while safeguarding the rights and welfare of children involved in the case.
The latest directions mark a shift from earlier court orders where media coverage of the proceedings had initially been restricted.
At the time, on June 26, the proceedings were conducted virtually, and the court directed that members of the media be excluded from the session.
In further directions, the judge has issued additional protective measures affecting the custody and welfare of the students as the case proceeds.
The court directed that the subject minors should not have access to social media platforms, mobile phones or television while in custody due to safety concerns.
The judge also directed that pre-bail reports be prepared and filed before the next hearing date on September 22, 2026.
