WEEKENDER STORY
The High Court in Nyeri has issued interim orders barring Hillside Endarasha Academy from reopening its boarding facilities pending the hearing and determination of an application filed by the Kenya Human Rights Commission and two other petitioners.
In the orders issued on Wednesday, October 9, Justice Kizito Mugare, however, declined to issue orders barring the school from reopening on the said date after a month-long closure following a dormitory fire on the night of September 5 that claimed the lives of 21 pupils.
“I do not find it necessary to bar reopening of the school, noting that, I take Judicial notice that schools close this month,” the Judge said.
“However, I’m satisfied that there is a threat to safety and health of the minors. Consequently, I direct that a conservatory order is issued forbidding reopening of the boarding facilities or in any way accommodating the children within the school pending inter partes hearing,” Justice Mugare added.
The application dated October 7 was filed jointly by KHRC, David Karani and Elimu Bora Working group through Chimei and Malenya Company Advocates.
The school was listed as the third respondent alongside Nyeri County Director of Education, Nyeri County Education Board, National Education Board, Education CS and Attorney General as the 4th, 5th, 6th, 7th and 8th respondents respectively.
The court directed the petitioners to serve the respondents with the order ahead of issuance of further directions on October 17, 2024.
“The respondents are to file health and safety reports together with reports on structural integrity of the dormitories in the 3rd Respondent before October, 16, 2024, forwarded under the hand of the 7th respondent (Education CS),” Justice Magare directed.
He directed the County Director of Education, County Education Board, National Education Board and the Education CS to ensure the orders are complied with.
On October 3, Nyeri County Director of Education Jane Njogu said the school would reopen on October 9 upon completion of renovation works at the school.
Speaking at the school during an inspection tour, the education director said the decision to reopen the school followed clearance by quality assurance officers from the Ministry of Education who gave the school’s safety standards a clean bill of health.
"We’ve been sending teams to come and do assessments and we’ve looked at their recommendations against a checklist and we realized that the school is in top gear,” she said.
Njogu said the school reopening was in good time for candidates waiting to sit their KAPSEA to prepare well in advance.
In their application, the petitioners argued that the school management on the clearance of education authorities rushed to reopen the school for resumption of studies without having put in place requisite measures to ensure safety of the pupils..
They claimed the school had not presented any report on the compliance with the prescribed safety standards for school structures and school learning environment.
“Article 53 of the constitution provides for the best interest of the child in every matter concerning them. To the extent that the respondents intend to hastily reopen the school without due consideration of the safety standards required of a learning institution is a violation of the children's right to access to quality basic education,” the petitioners told court.
They added that in the absence of a comprehensive report to ensure that the pupils have a conducive learning environment and that such a tragedy would not occur again was a violation of existing laws regarding the safety standards of schools in Kenya.
In their prayers, the petitioners asked the court to order the school, the education authorities and the Attorney General to conduct a comprehensive inspection of the school and present a comprehensive report to court on measures taken on the safety of pupils.
They also sought orders for the respondents to be compelled to offer and pay for psychosocial support to the pupils and the affected parents.
They said the absence of such necessary psychosocial support in the aftermath of the fire tragedy amounted to a violation to the principle of the best interest of the children.
The fire at the ill-fated dormitory reportedly broke out at around 11pm on the night of the tragedy as 152 boys slept in the a156-bed capacity house.
Nineteen boys died at the scene while two others succumbed to their injuries while receiving treatment in the hospital, education and state officials said.
The cause of the fire is yet to be established although forensic detectives initially said they were pursuing the theory that a burst bulb at the entrance of the dormitory that housed Grade 5 to Grade 8 boys ignited the fires after its sparks landed on a mattress and the flames spread fast.
It remains the worst fire tragedy in a learning institution in recent years.