Child offenders law tested as eight students are linked to school fire
National
By
Rosa Agutu
| Jun 02, 2026
Burnt dormitory at Utumishi girls' high school in Gilgil, Naivasha. [Collins Oduor, Standard]
CCTV footage that investigators say links eight Utumishi Girls Academy students to a dormitory fire that killed 16 learners has sparked public anger and drawn renewed scrutiny of the country’s child justice system.
After the footage was shared on different social media platforms, comments were divided.
Some said the suspects should be charged as criminals, while others argued that cases of children in conflict with the law are handled differently.
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According to the Children’s Act 26 (1), a child shall not be deprived of his or her liberty or otherwise treated in a manner contrary to Articles 29 (f) and 51 of the Constitution, except in accordance with the Persons Deprived of Liberty Act (Cap. 90A).
Children deprived of liberty, detained or held in custody or committed to an institution, shall be held separate from adults in facilities, including transportation facilities, appropriate to their special needs and age.
Advocate Morris Kimuli says once a crime has been committed, the police have a duty to investigate and arrest anyone who is responsible. Where it appears the people who are responsible are minors, the setting will change from the time the child is interrogated.
“Authorities are now trained to understand that in everything that you do, you must remember it is in the best interest of the child, regardless of what the child has done, and regardless of the circumstances under which you come into contact with the child,” Kimuli says.
Once it is determined that a child has committed an offence, the matter must then be referred to the Director of Public Prosecutions, who decides on the kind of offence to be charged.
Criminally liable
Kimuli adds that anybody who is below the age of 12 years cannot be criminally liable, meaning you cannot even prefer charges against that person.
“But if you are above 12 years, then you can be criminally liable. And if you are taken to court, you are entitled to a lawyer regardless of the nature of the offence that you have committed,” says Kimuli.
He says children are treated differently, even during the trial. They are not even addressed as accused persons. They are subjects. They can’t be convicts; they can only be found guilty.
“Even after you find them guilty, you are also restricted in what you can do. The Children’s Act and the policy of the Judiciary say that detention is the last resort.
“Pre-trial detention is where you are supposed to release this person pending the trial.”
Kimuli says children are also entitled to be with their guardians, or committed to institutions that can take care of them if they don’t have responsible guardians during the trial.
They are also supposed to continue being in school because they have not been found guilty.
When found guilty of murder or manslaughter, they will be sent to a borstal institution.
A borstal institution is a specialised youth detention and rehabilitation centre primarily catering to young offenders between the ages of 15 and 18.
Unlike adult prisons, these facilities focus on holistic reformation.
Kenya has three borstal institutions: Kamae Girls Borstal (Nairobi), located at Kamiti Maximum Prisons, Shimo La Tewa Borstal Institution (Shanzu, Mombasa) and Shikusa Borstal Institution (Kakamega).