The students were arraigned in court on Monday morning but could not plead to charges after their lawyer informed the magistrate that their parents are already in talks with the school.
Lawyer Cliff Ombeta told the court that having the students go through prosecution will only serve to harden them, but the state prosecutor insists they will serve as an example to others once charged.
Children’s Court Magistrate Lucy Gitari will make the ruling at 2 pm.
The students are accused of planning to torch their school on Friday night before they were arrested.
On Sunday night, four more schools were burnt and property destroyed even as Education Cabinet Secretary Fred Matiang’i warned of action against perpetrators.
Those burnt include Lang’ata Boys High School where injuries were reported, Ruiga Girls in Meru, Ndanai Girls and Liani Secondary School—while Kodero Bara High School in Migori was burnt on Monday morning.