Negotiations over possible plea bargains for children charged in connection with the murder of a 16-year-old Utumishi Academy student are expected to involve the victim’s family, the school and police, as the Office of the Director of Public Prosecutions (ODPP) engages the accused children and their defence teams.
The discussions follow requests by some of the minors charged in the case, with the Kibera Law Courts hearing that the prosecution had formally received a plea bargain application from one accused child, while another defence lawyer had written to the ODPP seeking similar negotiations for a client.
During a recent court mention, State Counsel confirmed that the prosecution had received a request concerning Subject 3. Preliminary discussions had taken place, but further consultations with the child were required before the process could advance.
Another minor, through his lawyer, also sought plea negotiations and requested enhanced visits to allow consultations with the child and his parents. Other defence lawyers told the court they were still consulting their clients and the children’s parents before deciding whether to pursue similar arrangements.
Trial Judge Kavedza allowed the discussions to proceed and directed that the parents of all the accused children be granted two enhanced visits each month, coordinated with the institution where the minors are being held.
The court further ordered that the case be mentioned every two weeks to monitor progress in the negotiations. The next mention is scheduled for November 11, 2026.
A plea bargain is a formal agreement between the prosecution and an accused person in which the accused agrees to plead guilty to an offence, usually in exchange for a concession by the prosecution. Any agreement must comply with the applicable law and is subject to the court’s approval.
In the Utumishi Academy case, the expected involvement of the victim’s family, the school and police would bring key parties connected to the case into the consultation process as the prosecution considers the requests. The negotiations do not, however, mean that an agreement has been reached or approved by the court.
The court also heard that the accused children were continuing with their education while in custody and were expected to sit for examinations the following week. Children’s officer Hilda Mbatha confirmed that they were attending classes in line with earlier court directions.
Judge Kavedza ordered that their education should continue without interruption as the case and any plea bargain discussions proceed.
The matter will return to Kibera Law Courts on November 11, when the court is expected to receive an update on the negotiations and the position taken by the parties involved.
