, NAIROBI, Kenya, Aug 7 – Lawyers representing three Stephjoy Boys Boarding School on Friday made an application seeking to have them moved from Tigoni Police Station to a juvenile centre.
Defence lawyers Eric Kinyua and Robert Githui argued that the boys were minors and should not share the same police cell with adults.
In their application, they claimed that the suspects were sharing police cells with adults which contravened the Constitution and Children’s Act.
However, Senior Assistant Director of Public Prosecutions Alloys Kemo told the court that the boys were detained at separate cell within Tigoni Police Station, a position that the defence lawyers continued to vehemently contest.
Kinyua proposed that the suspects be moved to a children’s remand centre in Kabete to ensure their rights as children are protected.
High Court Deputy Registrar Rose Otieno said the application will be determined by judges during the mention of the case on Monday.
She directed that the boys be returned to the Tigoni Police Station but be confined at a separate cell until judges rule on the matter.
The court heard that there was no judge to hear the case as courts are on recess.
The three students were expected to face murder charges on Friday morning but the matter did not continue until in the afternoon.
The deputy registrar further directed that a judge will hear an application by the public prosecution seeking to be allowed 14 days to carry investigations on the arson that left three students dead.