The families of the 21 boys who died in the Hillside Endarasha Academy dormitory fire in September last year have gone to court seeking to compel the government to release its findings on the tragedy within 30 days.
The suit has been filed by 10 of the 21 families alongside the Kenya Human Rights Commission (KHRC), Elimu Bora Working Group and 10 parents. They have sued the school, its owners David Kinyua and Mary Wanjeri, the National Education Board, the Nyeri County Director of Education, the Nyeri County Education Board, the Cabinet Secretary for Education, and the Attorney-General.
Boaz Waruku of Elimu Bora Working Group told the Nation that the other families will be incorporated in the suit later.
“We couldn’t get all of them by the time of filing because of the paperwork involved. The rest should be able to conclude as soon as possible and will be included. We’re not leaving out anyone,” he said.
In the petition filed before the High Court in Nyeri, they want the court to order the National Education Board, county education officials and the Ministry of Education to publicise their investigations report on the cause of the fire. They are also seeking a comprehensive audit report on the school’s fire safety preparedness and compliance.
The families accuse the respondents of neglecting their duties, saying their inaction led to the deaths of the 21 learners aged between 10 and 14 in the fire that broke out at about 10pm on September 5, 2024, just days after schools reopened for third term.
Parents in the suit, say they first learnt of the tragedy from fellow parents and received little information from authorities in the following days. The government conducted DNA tests to identify the victims, but the families claim they have never been given the results. Through lawyer Raphael Okubo, they further allege they were compelled to bury their sons on September 26 or 27, with no option of choosing different dates or mortuaries, despite DNA identification having been completed.
“Despite the government’s promise to take swift action to secure answers and ensure accountability for the fire, nothing of the sort has taken place to date,” lawyer Okubo told the court.
The petition cites a safety audit conducted by the Ministry of Education, which found that most boarding schools did not meet fire safety standards.
The families say this amounted to an admission of dereliction of duty on the part of the Cabinet Secretary. The petitioners also point to an audit report released in September 2020, which painted a grim picture of fire preparedness in schools, arguing that Hillside Endarasha ignored both the safety manual and infrastructure standards.
Lawyer Okubo says that the deaths have caused the families deep emotional, psychological and health problems.
The suit comes just a month after Interior Cabinet Secretary Kipchumba Murkomen, while speaking at the Jukwaa la Usalama Forum in Nyeri on August 26, announced that the Office of the Director of Public Prosecutions (ODPP) had resolved to present the matter to court as an inquest.
However, addressing journalists outside the Nyeri Law Courts on Tuesday, lawyer Raphael Okubo said they had not received any official communication from the government regarding the inquest.
“We are yet to receive any communication from the ODPP on the inquest. There have only been rumours, but even so, an inquest is different from our constitutional and civil suits. The law allows both processes to run concurrently, and we believe the route we have taken is the most viable because of the orders we are seeking from the court. An inquest only determines whether someone can be held criminally liable for the fire,” he explained.
Mr Okubo added that the petitioners plan to file another civil suit under the Fatal Accidents Act and the Law Reform Act on Wednesday, seeking damages for the loss of lives.
