31/05/2026
To the 7 students of Utumishi who recently burned others when they were asleep, you will soon interact with extremely burdensome side of our criminal justice system. You will be arraigned and charged in court with various offenses [ felonies]. The weight starts at this point, your parents must raise significant sums of money to pay your lawyers [ because you must get one] , and bail. Legal fees alone can cost upto Kshs 1 million. But you can also chose to represent yourself [ not advisable].
Grant of bail is discretionary, the magistrate considers many factors such the nature of the offense, and whether you are a flight risk. In your case, bail can be granted but your parents or guardians must stand sureties. This means, they must ensure you attend all your court sessions. But bail can also be denied- especially when the magistrate has ordered a pre-bail report and it is found that you cant be released because of certain issues. For example, where there is risk of mob justice on you when you get out, a magistrate cannot release you on bond/bail. You will be locked up in remand. However, your lawyer can renew the bail application when the situation has improved.
After the issue of bail is dealt with, the rigours of trial start. You must be present in all the court sessions and listen to the testimony of fellow students who survived the inferno, your teachers, principal, parents of fallen students, police officers amongst others. This can be a painful process that can mentally wear you down. After listening to the testimonies, the magistrate will decide whether you have a case to answer. If yes, your lawyers will advise you what happens next but it all leads to the final judgment where the magistrate determines if the DPP has proved the case against you beyond reasonable doubt.
The entire trial can take upto 2 or 3 years. When there is no doubt in the prosecution's case, the magistrate will convict you and proceed to set a date for sentencing.