DCI detectives at Hillside Endarasha Academy/FILE/KNA
The High Court in Nyeri has adopted consent between two human rights lobbyists and the Endarasha Hillside Academy’s Board of Management, successfully ending a case challenging the school’s reopening following a fire tragedy in September 2024.
Appearing virtually before Justice Magare Kizito on Tuesday, lawyers Mumbi Kiarie (representing the County Director of Education, Nyeri County Education Board and the Cabinet Secretary for Education, and the Attorney General), David Kimunya (for the school proprietors—David Kinyua and Mary Wanjeri—and the Board of Management), and Haggai Chimei (Kenya Human Rights Commission, David Karani, and Elimu Bora Working Group) told the court that they were ready to terminate the case after reaching an agreement on the contentious issues.
While making their submissions, the three lawyers further asked the court to adopt the consent filed on February 3, 2025, as the order of the court.
"Your lordship, last time you gave us directions. I can confirm that we filed a consent dated February 3. The same can be adopted as the order of the court,” stated Chimei.
Through their lawyer, Chimei and Malenya Company Advocates, the Kenya Human Rights Commission, David Karani, and Elimu Bora Working Group moved to court on October 7, 2024, seeking orders to have the boarding section of the school closed.
The three petitioners questioned the respondents' intention to hastily reopen the school barely a month after a fire incident in the boy’s dormitory claimed 21 lives on September 5, last year, without due consideration of the safety standards required of a learning institution.
They also argued that the respondents had not presented a comprehensive report on the state of the institution and the measures put in place to ensure that the pupils have a conducive learning environment.
Further, the petitioners had asked the court to compel the respondents to offer and pay for psychosocial support to the pupils and affected parents and equip them with the necessary skills to forge ahead with their lives.
While Justice Magare issued conservatory orders on October 18 forbidding the reopening of the school's boarding facility and the accommodation of students within the school until the case is heard, he also granted the school temporary reprieve by allowing the institution to only admit 114 pupils who were set to sit the Kenya Primary School Education Assessment (KPSEA).
But in a new twist to the case in December last year, the court was informed that the school had decided to operate as a mixed-day school starting January this year, leaving the provision of psychosocial support as the sole unresolved matter in the suit.
In his submission before the court, Chimei said that his clients would be willing to draw consent and terminate the matter after the respondents had demonstrated to the court how they intend to support the children through counseling.
"I know the children who went through the process; some of them are still in the school. How the school intends to support them at least through the psychosocial support. Once we can do that, then consent, then we can have this file closed,” Chimei told the court.
In her response on behalf of the 4th,5th,7th and 8th respondents, Ms Kiarie said that her clients and the County Government of Nyeri had partnered with the Kenya Red Cross to provide counseling at the Mt Kenya Hospital in Nyeri town for the learners at no cost.
However, Justice Magare directed that the regular counseling sessions be conducted at the school premises as a way of safeguarding the mental wellbeing of the learners who witnessed the fire tragedy.
He also directed that the respondents table a comprehensive report on the arrangements made to ensure that provision of regular psychosocial support for the children was provided at the school premises.
"We're handling this case differently because of the children. It is better if the counseling is done on site. Why I am saying this is because there are kids who are now over eight years old and still remember traumatizing events that occurred many years ago. It is good to have these children talked to because with mental health issues, things can be calm at the top but underneath could be struggling,” Justice Magare said.
According to the consent read out by Justice Magare in court today, the parties agreed to end the matter on condition that the school will now operate as a mixed-day school.
They also agreed that the respondents in the matter would provide regular counseling services at the school premises for the learners who witnessed the tragedy. Further, the three parties would be responsible for settling their individual court charges.
"That the parties agreed that the notice of motion and petition dated October 7 be marked as settled in the following terms. The 1st, 2nd and 3rd respondents have agreed to shut down the boarding facility at the Hillside Endarasha Academy such that the school shall operate as a mixed boys’ and girls’ day school,” said Justice Magare.
"That the respondents avail psychosocial support to the schoolgoing children, especially those who lost their friends, which should be ongoing at the school. Each party bears their own costs,” he continued.
In granting their prayers, Justice Magare stated that: “Therefore, I mark the matter as settled with the terms agreed.”
