As the nation continues to mourn the tragic fire that claimed the lives of 16 students at Utumishi Girls Academy, prominent lawyer Danstan Omari has stirred fresh debate by demanding that the law be allowed to take its course, despite mounting public pressure to see the suspects immediately jailed
The devastating blaze, which left 16 students dead and 79 others injured, shocked the country and triggered an outpouring of grief and anger. Many Kenyans, including students who lost close friends in the tragedy, have been calling for swift punishment of the eight learners suspected of being linked to the incident.
When the suspects appeared in court on Tuesday, June 2, prosecutors requested that they be detained for 30 days to allow investigators to complete their inquiries. However, Omari cautioned against allowing emotions to override the Constitution.
“People hate them. People want them jailed. People believe there is already enough evidence against them,” Omari said. “But what does the Constitution say about these eight girls?”
His remarks immediately ignited conversations across social media, with many Kenyans divided between seeking justice for the victims and protecting the rights of the accused.
Omari pointed to Article 53 of the Constitution, which outlines the rights of children. He explained that every child is entitled to protection, education, healthcare, and freedom from abuse or inhuman treatment. More importantly, the law states that children should only be detained as a last resort and, if detention is necessary, it should be for the shortest period possible.
“The child’s best interests must always come first,” he emphasized.
The lawyer further highlighted Article 49, which protects the rights of arrested persons. According to him, the students must be informed of the reasons for their arrest, allowed access to legal representation, and protected from being forced to confess.
In a revelation that surprised many, Omari noted that even if the girls’ families cannot afford lawyers, the government is obligated to provide legal representation at no cost.
“Their parents should not worry. The Judiciary will ensure they have advocates,” he explained.
He also stated that the students are entitled to reasonable bond or bail unless investigators present compelling reasons why they should remain in custody.
However, Omari’s most controversial argument came when he suggested that the case could face significant legal hurdles because of the manner in which evidence was allegedly obtained.
According to him, CCTV cameras installed inside students’ sleeping quarters may have violated the learners’ constitutional right to privacy under Article 31.
He argued that evidence gathered in violation of constitutional rights can be excluded from court proceedings if its admission would make the trial unfair.
“Those CCTV cameras were installed where children were sleeping. The right to privacy is protected by law. If that right was violated, the evidence could be challenged, and those children may eventually walk free,” he argued.
The remarks have sparked intense reactions nationwide, with some supporting his legal interpretation while others fear it could deny justice to the victims and their grieving families.
Meanwhile, investigations into the deadly fire continue as families seek answers and the nation waits anxiously for the truth behind one of the most heartbreaking school tragedies in recent memory.
Social Media Reactions
Mary Wanjiku: “Justice for the 16 girls who lost their lives must come first. The families deserve answers.”
Kevin Mutua: “Omari is right. We cannot ignore the Constitution simply because emotions are high.”
Faith Cherono: “If the CCTV evidence is thrown out, many Kenyans will lose faith in the justice system.”
Brian Otieno: “The suspects are children too. Let investigations be completed before conclusions are made.”
Lucy Njeri: “This case is teaching Kenyans the difficult balance between justice and constitutional rights.”
