- Among the tough measures the petitioners want laid down in the law is the prosecution of negligent school administrators.
- School fires are rampant currently, reigniting concerns about students' safety at the institutions.
Image: FILE
Head teachers whose negligence leads to deaths or injuries of students will be at risk of prosecution under a proposed law.
MPs have been petitioned to enact a law for prosecuting head teachers and school administrators who fail to ensure learners' safety .
John Wangai, a public litigation lawyer, and Anthony Manyara, president of Kenya Universities Students Organisation, want MPs to enact a comprehensive School Safety and Security Act spelling out the tough measures.
They want the law to provide for hefty penalties for non-compliance with safety regulations, including fines and closure of non-compliant schools.
Among the tough measures the petitioners want laid down in the law is the prosecution of negligent school administrators.
School fires are rampant currently, reigniting concerns about students' safety at the institutions.
At least 21 children died after a fire engulfed a dormitory at Nyeri’s Endarasha Hillside Academy last Thursday night.
The Nyeri tragedy adds to the cases of school infernos that have over the years left students dead and property worth millions of shillings destroyed.
In 2001, 67 boys died in a fire tragedy at Kyanguli Secondary School.
In 2022, eight students died in a fire at Kibra’s Moi Girls High School.
St Kizito in Tigania, Mombasa’s Bombolulu Girls, Endarasha Boys Secondary, and Nyeri High School have also had serious cases.
Following the never-ending incidents, Wangai and Manyara propose that MPs should ensure schools undergo mandatory annual fire safety audits.
The audits are to be conducted by certified professionals and the results submitted to the authorities.
The petitioners want it put in the law that schools be equipped with fire detection systems, alarm systems, fire extinguishers, emergency exits, and other essential safety equipment.
“Schools must conduct regular fire drills and emergency preparedness exercises for students and staff at least twice a year to ensure awareness and readiness,” the petition reads.
The petitioners further seek periodic training of teachers, non-teaching staff, and students on fire safety, first aid, and disaster management.
Wangai and Manyara want the law to provide for clear protocols for evacuation, communication and coordination with emergency services.
“Enact a law to mandate compliance with structural safety standards for all school buildings, dormitories, laboratories, kitchens and other facilities.”
The duo also wants MPs to compel schools to “establish a monitoring and evaluation mechanism to ensure adherence to safety standards and the continuous improvement of safety measures in schools.
“The existing laws and regulations, including the Basic Education Act and the Occupational Safety and Health Act, do not comprehensively address the specific safety and security needs of schools, particularly in the context of preventing and managing fire-related and other disasters,” the petitioners argue.
The absence of clear legal requirements for fire safety audits, mandatory installation of safety equipment, regular emergency drills, and structured disaster response protocols exposes students and staff to avoidable dangers.
Auditor General Nancy Gathungu in an October 2020 review painted a grim picture of how schools are doing poorly in preventing and containing fires.
The audit highlighted significant gaps in fire safety preparedness, emergency response, and disaster management within secondary schools.
It revealed inadequacies such as lack of fire safety policies, inadequate fire detection and alarm systems, poorly maintained fire extinguishers, lack of emergency drills, and insufficient training of staff and students on safety procedures.
“These shortcomings pose a significant risk to the lives and well-being of students, teachers, and school staff, making it imperative for the government to enact comprehensive legislation that addresses school safety and security,” Wangai and Manyara say.
Gathungu decried the “lack of enforcement and accountability mechanisms to ensure compliance with basic safety standards in schools, resulting in high vulnerability to disasters."
“Enacting specific legislation on school safety and security will provide a robust framework for the prevention, preparedness, response, and recovery from disasters, thereby safeguarding the right to education in a secure environment,” the petitioners state.
It was established in the audit that many learning institutions are not constructed according to the required safety standards.
Gathungu reported that several schools had their doors opening inwards, hence students are likely to lock themselves from inside as they struggle to get out.
She reported that physical verification revealed some schools had windows with metal grills, contrary to regulations, while others did not have doors at each end of the dormitory, or clearly labelled emergency exits in the middle.
Some dormitories were found to be fitted with doorways of less than the recommended five feet for ease of escape, hence could hinder evacuation in the event of a fire, leading to injuries and loss of lives.
The audit established that schools had not acquired the required firefighting equipment.