The High Court in Nyeri has barred the reopening of the boarding facilities at Hillside Endarasha Academy after two non-governmental organisations filed a lawsuit, accusing the school management of endangering the safety of its learners.
The institution has been closed since September 5 following a dormitory fire that claimed the lives of 21 boys. It was scheduled to reopen on Wednesday, October 9 following a government quality assurance assessment done last week.
However, on the same day (October 9), Justice Magare Kizito issued an order halting the reopening of the boarding section, deeming it unnecessary given that schools across the country are closing this month.
Justice Kizito expressed satisfaction that the petition, filed by the Kenya Human Rights Commission (KHRC), David Karani, and the Elimu Bora Working Group, demonstrated a credible threat to the safety and health of the students.
“I direct that a conservatory order be issued forbidding the reopening of the boarding facilities or the accommodation of students within the institution until this suit is heard,” he said.
The judge further ordered the school’s owners – David Kinyua and Mary Wanjeri, the School’s Board of Management, the County Director of Education, the County Education Board, the National Education Board, the Cabinet Secretary of the Ministry of Education, and the Attorney General, who are listed as respondents in the case – to present Health and Safety Reports for the institution.
These reports he said, must also include a structural integrity assessment of the dormitories.
The lawsuit, filed on October 7, claims that the respondents hurried the reopening of the school without ensuring that necessary safety measures were in place for the students.
They argued that the school management failed to meet the prescribed safety standards for both the school structures and the learning environment.
“No report has been provided showing how the School’s Board of Management has complied with the required safety measures,” said the petitioners through their legal representatives, Chimei and Malenya Company Advocates.
The petition also pointed out that the actions of the respondents violated the children’s constitutional right to quality basic education.
It further argued that reopening the school without offering the necessary psychological support to the pupils after such a tragedy would violate the principle of the best interests of the children.
They said that the respondents ought to have provided a comprehensive report demonstrating the measures that were in place to prevent a recurrence of such a tragedy. The case continues on October 17.
