By BOB AMALEMBA
June 3, 2026| A Kakamega court has declined a prosecution request to detain eight Mukumu Boys High School students for an additional four days to allow police to complete investigations into an alleged plan to torch a dormitory at the school.
Senior Resident Magistrate Steve Wasonga (pictured in bench), Tuesday, ruled that the prosecution had failed to provide sufficient grounds to justify the continued detention of the minors, who are being investigated over allegations of planning to commit a felony by setting St Luke’s Dormitory ablaze on the night of May 24, 2026.
“The investigating officer has the right to interrogate any of the respondents upon notifying their respective parents or guardians. Should any of them fail to cooperate, the officer may move the court for the issuance of arrest warrants,” ruled Wasonga.
“The eight shall be released forthwith and handed over to their parents or guardians.”
The students, represented by lawyer Wellington Edaki (in blue blazer), opposed the application, arguing that continued detention would violate their rights as children and disrupt their education.
Edaki told the court that the minors were being held in conditions unsuitable for children and cited provisions of the Children Act that require children in conflict with the law to be treated in a manner that upholds their dignity and best interests. He argued that Sections 223 and 228 of the Act provide that detention should only be used as a measure of last resort and for the shortest appropriate period, while children should, as far as possible, be kept out of custodial settings.
The prosecution, led by counsel Ian Makosi, had sought more time to complete investigations, arguing that one of the suspects had only been arrested on Monday and his statement was yet to be recorded.
However, the court held that this alone was insufficient justification for continued detention, noting that investigators could summon the minors through their parents whenever their statements were required.
In an affidavit, investigating officer Inspector Godfrey Muchiri argued that releasing the students could compromise investigations because fresh leads had emerged.
“Fresh details are emerging and I am required to question a new witness who was picked from the school a few hours ago,” he stated.
But the defence maintained that police had already recorded statements from the suspects and had not demonstrated compelling reasons to continue holding them in custody.
The ruling came as normalcy returned to the school following the alleged incident. Officials from the Ministry of Education conducted a safety assessment tour of the institution along the Kakamega-Kisumu Highway to reassure learners, parents and staff of the government’s support.
School administrators said learning had resumed without disruption and that students were settling back into their academic programmes.
Meanwhile, Mukumu Boys’ football team, Tsunami, and the school’s rugby sevens side are preparing for the Kakamega East sub-county championships ahead of the county games scheduled to be held in Mumias.