Kenyan legal expert Danstan Omari has hinted at the possible release of the Utumishi Girls arson suspects on bail, citing constitutional protections for children in conflict with the law.
Speaking on June 3, after the nine minors linked to the Utumishi Girls case were presented in court as the prosecution sought 30 days to complete investigations. The defense challenged the application, while the court deferred its ruling to determine whether to grant detention, reduce the period, or release the minors on bond or bail.
Danstan Omari stated that there is strong public sentiment calling for the immediate jailing of individuals linked to the Utumishi Girls arson case, without full court proceedings or witness testimonies.
He noted that some believe the suspects should be detained and convicted without extended legal processes.
However, Danstan Omari projected that the legal process could be lengthy, estimating that the trial may take four to five years, and indicated that these factors could ultimately influence the outcome of the case.
“Those kids are likely to go home scot-free. Let me tell you, the earliest that trial will take is four to five years,” the lawyer said.
Danstan Omari Cites Privacy Concerns and Evidence Handling in the Case
Explaining the court protocol for the case, Omari stated that the accused children cannot be compelled to confess and must be protected from coercive interrogation.
He emphasized that they are entitled to full legal safeguards during the investigation and trial process.
He noted that CCTV footage and all witness statements, including those from teachers, police officers, and security personnel, should be shared with the defense in advance to allow proper preparation for the case.
Further, Danstan Omari raised concerns over the authenticity of CCTV evidence, stating that if any recordings are AI-generated or manipulated, the defense would subject them to technical scrutiny and analysis in court.
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He also argued that the installation of CCTV cameras in sleeping areas may have violated Article 31 of the Constitution, which protects the right to privacy, suggesting that this could affect how the evidence is treated in legal proceedings.
“I said this: those CCTV cameras were installed where the kids were sleeping. Under Article 31 of the Bill of Rights, the right to privacy is protected. Was it violated? It was violated,” he explained.
Constitutional Rights that Could Shape the Case of the 8 Utumishi Girls Facing Murder Charges
Outlining constitutional protections applicable to the minors, Omari referenced Article 49(1)(g) of the Constitution, stating that arrested persons must be promptly informed of the reasons for arrest and that continued detention must comply with constitutional safeguards. He argued that detention timelines must be justified under the law.
“Every child is not to be detained except as a measure of last resort. So, are those kids going to be detained in police custody or in prison custody? The law talks of that as the only last resort to be used. And when detained, if the court detains them, they must be held for the shortest appropriate period of time,” Danstan Omari argued.
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He further cited Article 53, noting that children are entitled to protection, education, nutrition, and humane treatment. He stated that minors must not be subjected to violence, inhuman punishment, or held in conditions that violate child protection standards, including separation from adults and placement in child-specific facilities.
Omari also pointed to Article 49 rights, including the right to remain silent, access legal representation, and receive evidence in advance, such as CCTV footage and witness statements.
He added that children cannot be compelled to confess and that detention should be a measure of last resort, with bail or bond considered where appropriate.
Additionally, he referenced Article 50 on fair trial rights, stating that the minors are presumed innocent until proven guilty and must be given adequate time and facilities to prepare a defense.
He noted that proceedings involving children must be handled in camera, with restrictions on publication of identities to protect their rights.
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