Hillside Endarasha Academy , the Nyeri school where 21 boys died in a dormitory fire in September, will now operate exclusively as a day school, its owners have told a court hearing a case over the incident and the school's reopening.
During a court session on Friday, December 20, lawyer Robert Kimunya, representing the school's owners - David Kinyua, Mary Wanjeri and the board - told Justice Magare Kizito that the institution would become a mixed-day school from next term.
"My client is no longer interested in boarding facilities. We have applied for and received approval from the County Education Board to operate as a mixed-day school," he stated.
Lawyer Mumbi Kiarie, representing the County Director of Education, the County Education Board, the Cabinet Secretary of Education, and the Attorney General, in the suit, confirmed the approval during the proceedings.
The suit stems from claims that the school management and the Ministry of Education rushed to reopen the institution on October 9, without implementing adequate safety measures for the pupils.
Pictures of the 21 children who died in the dormitory fire at Hillside Endarasha Academy.
Photo credit: Pool
The case was filed by two non-governmental organizations—the Kenya Human Rights Commission (KHRC) and Elimu Bora Working Group—alongside activist David Karani.
During Friday’s session, Justice Kizito heard that the County Director of Education had prepared an assessment report outlining renovations made to the school’s boarding facilities in compliance with Ministry of Education guidelines.
Before the fire, the dormitory—a wooden structure accommodating 161 boys—was overcrowded with wooden beds.
The report presented before the court showed that there were two rooms serving as boys’ dormitories, with a cap on the number of boarders.
The report showed that if the number of boarders increases, the school would construct additional standard dormitories.
A drone footage of Hillside Endarasha Academy in Nyeri County with the burnt dormitory at the centre.
Photo credit: Nation Media Group
Lawyer Haggai Chimei, representing the non-governmental organisations, acknowledged that the report indicated the school had complied with the Ministry of Education’s recommendations.
However, he noted that it failed to confirm whether defective electrical sockets in the classrooms had been replaced.
In response, the school owners, through their lawyer Robert Kimunya, denied the existence of any defective sockets in the classrooms.
The court heard that the Ministry of Education had partnered with the Kenya Red Cross to offer regular psycho-social support sessions to all students at the school starting next year.
“We have arranged for regular psycho-social support sessions to be conducted for the pupils at Mt Kenya Hospital,” said lawyer Mumbi Kiarie.
However, Judge Kizito noted that the sessions should take place on school premises, emphasising the importance of the mental well-being of the pupils, as it was the school where the incident took place.
He also tasked the County Director of Education and the School Board of Management Chairperson, to provide a detailed report before court on how the sessions will be implemented.
