Why Utumishi Girls murder suspects are seeking plea bargain deal with DPP

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Two of the eight minors charged over the deaths of 16 Utumishi Girls Academy students have initiated plea-bargaining requests with the Director of Public Prosecutions (DPP), weeks after being denied bail.

The new twist emerged before Kibera High Court Judge Diana Kavedza on Monday, when lawyers for two of the minors told the court they had formally approached the prosecution to seek plea-bargaining negotiations.

Lawyer Odiero Osiemo, representing Subject Minor 3, told the court he had submitted the request through his office, prompting the state prosecutor to confirm it had formally received the application.

“We do confirm that indeed we have formally received a plea bargain request from accused 3 here through his lawyer Osiemo,” State Counsel Linda Ndambiri told the court.

Ndambiri said the office of the DPP had held an initial engagement with the minor's lawyer and parents, who indicated that they needed more time to obtain proper instructions from the child before proceeding with a plea deal.

Lawyer PK Nganga, representing Subject Minor 7, separately informed the court that he had written to the ODPP seeking a plea bargain after consulting the child's parents.

“I have been contacted by the parents of the student, Subject 7 and we have formally written to the ODPP requesting a plea bargain in the murder case and we have channelled the letter this morning,” Nganga said.

He sought permission for two enhanced visits to Kamae Borstal Institution to enable him to discuss the request with his client and communicate the outcome of the prosecution's engagement.

However, Ndambiri told the court that the prosecution had not formally received Nganga's request.

“We are yet to formally receive the request for the plea bargaining,” she said.

The lawyers representing the other six minors said they were yet to receive instructions on whether their clients would pursue similar negotiations.

Lawyer Kipcoech, representing Subjects 1, 5, 6 and 8, said they were still consulting their clients and parents but urged the court to set a hearing date to fast-track the trial because it involved children.

Lawyer Nelson Omagwa, representing Subject Minor 2, said he had only recently been hired and had not discussed any intention to pursue a plea bargain with his client.

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The lawyer representing Subject Minor 4 also said he had not received instructions to pursue the plea deal negotiations and sought a hearing date.

Plea bargaining is a legal process through which the prosecution and an accused person negotiate a possible resolution of a criminal case under the law, subject to the court's approval.

In a murder case, the process may involve an admission of guilt to an agreed charge or other legally permissible terms.

However, submitting a request does not amount to pleading guilty, and negotiations do not guarantee an agreement or a particular sentence.

Justice Kavedza urged the parties seeking plea bargains to move swiftly, saying the court needed to establish whether the negotiations would proceed or whether the case should move to trial.

The judge also declined to fix the matter for hearing, noting that her diary was full for the remainder of the year and directed that the lawyers for the other six minors also pursue plea bargaining if they do so.

The court also allowed parents of all eight minors to have two enhanced visits per month at the institution where the children are being held to facilitate the negotiations.

The parents were directed to liaise with the institution to arrange the visits.

The judge further directed Kamae Borstal children's officer Hilda Mbatha to provide details supporting a request by the lawyer representing Subject Minor 4 for monthly dental appointments for braces.

The court sought clear appointment dates every month, the hospital to be visited and an explanation of the medical need.

On the education status of the eight students, officer Mbatha told the court that the minors were continuing with their education while in custody and were expected to sit their second-term examinations next week.

Justice Kavedza directed that the children continue with their studies and ordered that the matter be mentioned on November 11, 2026, for an update on the progress of the plea-bargaining negotiations.

The developments come weeks after the court declined to release the eight minors on bail, ordering that they remain in custody pending trial.

The minors face 16 counts of murder contrary to Section 203 as read with Section 204 of the Penal Code over the deaths of 16 students in a dormitory fire at Utumishi Girls Academy in Gilgil, Nakuru County, on the night of May 27 and 28, 2026.

They pleaded not guilty to the charges when they were arraigned in July.