The High Court in Nyeri has ordered the Ministry of Education to inspect Hillside Endarasha Academy and submit a report on its condition, raising concerns about the reports presented in court supporting its reopening.
During a court session held on Thursday in a suit in which the school’s owners and the Ministry of Education are accused of hurriedly reopening the institution after a fire that killed 21 boys on September 5, Justice Magare Kizito expressed dissatisfaction with the work carried out by the regulatory government agencies.
Justice Kizito pointed out that the Ministry of Education did not prepare a report detailing the school's condition, which would have clarified its satisfaction with the renovations completed.
“What the respondents have presented as evidence before court is an engineer’s report showing the work done instead of the ministry's report. The County Director of Education Jane Njogu should personally visit the institution and confirm that all safety measures and regulations set by the ministry are in place,” he said.
The judge also noted that an electrical installation conducted by the Energy and Petroleum Regulatory Authority (Epra) was unrealistic.
According to Justice Kizito, the report submitted by Epra, indicating that the school had been properly connected to electricity, was not truthful. He said it was unrealistic for the regulatory body to test and install electricity in just one day—October 15.
He directed the school owners—David Kinyua, Mary Wanjeri, and the board of management, who are named as the first, second, and third respondents in the suit—to ensure proper testing is conducted by engineers at the county level.
“The first, second, and third respondents should also ensure that fire extinguishers are installed and that all matrons and patrons shall reside in the dormitories,” the judge ordered.
During the session, the respondents, through the attorney-general and the Kimunya and Advocates Law Firm, requested the court to reopen the boarding section due to the upcoming national examinations.
Lawyer Mumbi Kiarie, representing the county director of education, county education board, Cabinet Secretary for Education, and the attorney-general, informed the court that the institution had renovated some unused classrooms to serve as dormitories and was ready to accommodate 104 pupils set to sit their national examinations.
“We have 81 Kenya Primary School Education Assessment (KPSEA) candidates who are supposed to take their examinations from October 28 to 30. Of these, 24 will need to board at the school as they come from distant counties. Additionally, we have students in grades three to eight who have an upcoming Kenya National Examinations Council assessment,” said lawyer Kiarie.
However, Justice Kizito denied the request, emphasising that earlier court orders issued on October 9- closing the school’s boarding section, were still valid, and the school would only be reopened once the county director of education had submitted her report to the court.
“The third respondent (board of management) may admit students for examinations in the dormitories only after Ms Njogu has personally visited and confirmed the safety of the dormitories,” said Justice Kizito.
Ms Njogu, who appeared in court, said that the school had complied with the court’s orders to close its boarding section.
Endarasha school’s Board of Management Chairman David Nderi, also appeared in court and confirmed that the institution had hired two matrons and two patrons to ensure the safety of the boarders once it reopens.
“The four of them will reside in the boys’ and girls’ dormitories to prevent such a tragedy from occurring again,” he said.
He said that preliminary investigations indicated that the fire was caused by a bulb explosion, although the school administration was still awaiting a Directorate of Criminal Investigations (DCI) report.
An affidavit presented by school owner Mr Kinyua claimed that the petition filed by the Kenya Human Rights Commission (KHRC), David Karani, and the Elimu Bora Working Group was based on misinformation.
In the affidavit dated October 16, Mr Kinyua stated that the suit was rushed and founded on inaccurate information.
“The issues leading to the temporary closure of the school were unfortunate and widely known. Following the tragedy, the remaining part of the dormitory was demolished. It is untrue that the burnt structure has been hastily repaired for reopening, as alleged by the petitioners,” he said.
He also noted that reports from the County Directorate of Quality Assurance and Standards, the sub-county public health officer, Epra, and the Ministry of Lands, Public Works, Housing, and Urban Development indicated that the newly renovated dormitories met the required standards.
“It is therefore not true that nothing has been done, as the petitioners suggest. The majority of the school’s population will be admitted as day scholars, with only a small number of 104 pupils allowed to board,” he added.
In the suit, the petitioners said that the respondents hurried the reopening of the school without ensuring that necessary safety measures were in place for the students.
They argued that the school management failed to meet the prescribed safety standards for both the school structures and the learning environment, noting that no report was produced showing how the school's board of management has complied with the required safety measures.
They said that the respondents ought to have provided a comprehensive report demonstrating the measures put in place to prevent a recurrence of such a tragedy.
