Two of the eight minors charged with the murder of 16 students at Utumishi Girls Academy have initiated plea-bargaining negotiations with the Office of the Director of Public Prosecutions (ODPP).
During the Kibera Law Courts hearing on Monday, October 26, 2026, before High Court Judge Diana Kavedza, lawyers for the accused told the court they had approached the prosecution to negotiate in the case arising from the deadly dormitory fire at the school in Gilgil, Nakuru County.
State Counsel Linda Ndambiri confirmed that the prosecution had formally received a plea-bargaining request concerning Subject Minor 3. She said preliminary discussions had taken place, but further consultations with the child were necessary before the process could proceed.
Another defence lawyer, representing Subject Minor 7, told the court that he had written to the ODPP seeking similar negotiations after consulting the child's parents. He requested enhanced visits to Kamae Borstal Institution so he could discuss the matter with his client.
However, the prosecution indicated that it had not yet formally received the second request. Lawyers representing the other six minors said they were still consulting their clients and their parents before deciding whether to pursue plea bargaining.
Justice Kavedza allowed discussions between the defence and prosecution to continue, while directing that parents of all eight minors be granted two enhanced visits per month to facilitate consultations.
The visits must be coordinated with the institution holding the children. The court also directed that the case be mentioned every two weeks to monitor progress in the negotiations.
The next mention is scheduled for November 11, 2026, when the parties are expected to provide an update on the requests and indicate whether discussions are progressing towards an agreement.
Plea bargaining is a legal process through which an accused person and the prosecution negotiate a possible resolution of a criminal case, subject to applicable legal requirements and court approval. A request to negotiate is not a guilty plea, and it does not guarantee an agreement will be reached.
The eight minors face 16 counts of murder linked to the fire that broke out at Utumishi Girls Academy in Gilgil on the night of May 27–28, 2026, killing 16 learners and injuring dozens of others.
The accused students pleaded not guilty when they were charged in July 2026. They remain in custody after the court declined to grant them bail.
During Monday's proceedings, children's officer Hilda Mbatha informed the court that the minors were continuing with their education while in custody and were expected to sit their examinations the following week.
Justice Kavedza directed that their studies continue without interruption as the criminal proceedings and plea-bargaining consultations progress.
The court will revisit the matter on November 11 to assess developments in the negotiations and determine the next steps in the case.