Consent between two human rights advocates and the Board of Management of Endarasha Hillside Academy has been adopted by the High Court in Nyeri, effectively concluding a case contesting the school’s reopening after a fire incident in September 2024.
During a virtual court appearance before Justice Magare Kizito on Tuesday, lawyers Mumbi Kiarie (representing the County Director of Education, Nyeri County Education Board, Cabinet Secretary for Education, and Attorney General), David Kimunya (for 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) informed the court that they were prepared to conclude the case after agreeing on the disputed issues.
In addition, while making their submissions, the three lawyers requested that the court adopt the consent submitted on February 3, 2025, as its order.
“Your lordship, during our last meeting you provided us with directions. I can confirm that a consent dated February 3 was filed by us. Chimei stated, “The same can be adopted as the court’s order.”
On October 7, 2024, Chimei and Malenya Company Advocates represented the Kenya Human Rights Commission, David Karani, and Elimu Bora Working Group in court, where they sought orders to close the school’s boarding section.
The three petitioners raised doubts about the respondents’ intent to quickly reopen the school less than a month after the fire in the boys’ dormitory that took 21 lives on September 5 of the previous year, pointing out that this did not take into account the safety standards necessary for a learning institution.
Additionally, they contended that the respondents failed to provide a thorough report detailing the institution’s condition and the actions implemented to guarantee a favorable learning environment for the pupils.
Moreover, the petitioners requested that the court mandate the respondents to provide and finance psychosocial support for the pupils and parents affected, as well as to furnish them with essential skills for moving forward in their lives.
On October 18, Justice Magare issued conservatory orders prohibiting the reopening of the school’s boarding facility and the accommodation of students until the case is heard. However, he granted a temporary reprieve to the school by allowing it to admit only 114 pupils who were scheduled to take the Kenya Primary School Education Assessment (KPSEA).
However, in December of the previous year, a new development occurred: the court was notified that the school had opted to function as a mixed-day school from January of this year. This decision left only the issue of providing psychosocial support unresolved in the lawsuit.
Ms. Kiarie, representing the 4th, 5th, 7th, and 8th respondents, stated that her clients had teamed up with the County Government of Nyeri and the Kenya Red Cross to offer free counseling services at Mt. Kenya Hospital in Nyeri town for the learners.
Justice Magare did, however, direct that regular counseling sessions be held on the school grounds to help protect the mental wellbeing of those students who witnessed the fire tragedy.
He additionally instructed the respondents to submit a detailed report on the measures taken to guarantee that regular psychosocial support for the children was available at the school premises.
As per the consent read by Justice Magare in court today, the parties agreed to resolve the matter on the condition that the school will now function as a mixed-day school.
They also concurred that the individuals involved would offer regular counseling services on school grounds for the students who witnessed the incident. In addition, the three parties would be accountable for resolving their respective court charges.
