The court has given the government until December 20th to file a health and safety report on the Hillside Endarasha Academy.
Justice Kizito Magare issued the fresh orders on Thursday after it emerged that the Education CS, Nyeri County Director of Education (CDE), the Attorney General and the Nyeri County Education Board had not complied with directives issued by the court on October 9 and October 17 in suit filed by two civil society organisations.
The state officials are listed as the 4th to 8th respondents respectively.
“The 4th-8th respondents to file reports on the safety and health before December 20, 2024,” Justice Magare said.
Through their lawyers, Chimei and Malenya Company Advocates, the Kenya Human Rights Commission, David Karani and Elimu Bora Working Group moved to court on October 7 seeking a mandatory injunction compelling the respondents in the matter to conduct a comprehensive inspection and present a report on the safety of the pupils.
The three petitioners questioned the respondents' intention to hastily reopen the school barely a month after a fire claimed the lives of 21 boys at the school, without due consideration of the safety standards required of a learning institution.
Fire broke out in one of the school's boys' dormitory on the night of September 5, with electricity fault thought to have been the cause.
The petitioners said the respondents had not presented a comprehensive report on the state of the school and the measures in place to ensure the pupils have a conducive learning environment.
Last week, Justice Magare directed a fresh inspection to be conducted on the electrical works at the school after it emerged that installations and testing were done on the same day.
He granted the school temporary reprieve by allowing the institution to only admit 114 pupils who are set to write the KPSEA.
The temporary relief was subject to confirmation by Nyeri County Director of Education, Jane Njogu, that safety measures were in place. Earlier, the legal counsel for the directors and the school’s Board of Management, Robert Kimunya, confirmed that the school had closed for Third term break.
Kimunya informed the court only Kenya Primary School Education Assessment (KPSEA) candidates were in session awaiting to write the examinations slated to run from October 28 to 30.
“We have had a discussion with the County Director of Education. The school is closed for Third term except for KPSEA candidates,” Kimunya said.
The matter is set to continue on December 20, when Justice Magare is expected to give further instructions.