The parents of 21 boys who died in the Hillside Endarasha Academy dormitory fire have complained about delays in the ongoing court process, accusing the Office of the Director of Public Prosecutions (ODPP) of slowing down proceedings by failing to present key witnesses.
Their concerns come as civil society organisations, the Kenya Human Rights Commission (KHRC) and Elimu Bora, announced plans to seek legal action against the management of Utumishi Academy following a dormitory fire that claimed the lives of 16 girls last month.
Speaking in Nyeri, Elimu Bora founder John Karani said the two organizations would file a constitutional petition seeking accountability from the school's leadership.
"We are going to institute a constitutional suit to ensure that the head of the school, the principal, the matron, the school inspector and members of the board are held accountable. Being a board member is not a luxury; you have a duty to ensure that the school is run properly," said Karani.
Pictures of the 21 children who died in the dormitory fire at Hillside Endarasha Academy.
Photo credit: Pool
He warned that if the Directorate of Criminal Investigations (DCI) fails to investigate those responsible, Elimu Bora and KHRC will move to court to compel them to account for the tragedy.
Like the Utumishi Academy tragedy, the two organisations accused the government of laxity in addressing school fires and ensuring accountability.
KHRC Head of Programmes Mercy Kambo said justice for the Hillside Endarasha victims was being delayed by repeated adjournments.
"Parents have been forced to use their own resources to attend court sessions, only for the ODPP to inform us that government officials who were summoned have failed to appear," she said.
The concerns follow a public inquest on April 27 before Chief Magistrate Mary Gituma, where prosecutors informed the court that several expert witnesses, including officials from Kenya Power, the Energy and Petroleum Regulatory Authority (EPRA), and the Government Chemist, were unable to attend.
Prosecution Counsel Claudette Obat told the court that although five experts had been scheduled to testify, only one appeared.
According to the prosecution, Kenya Power engineer Dr Ariel Mutegi was unwell, while EPRA officials who had been summoned were engaged in official duties and requested a new hearing date. The prosecution said it would seek court orders to compel the witnesses to appear.
Timothy Gikonyo, whose son Roy Brandon Mugo died in the dormitory fire at the Hillside Endarasha fire on September 5,2024 said the recent Utumishi Academy tragedy had reopened painful memories for affected families.
"What makes the pain even harder to bear is the feeling of being forgotten. To date, there has been no sustained psychological support programme for us, yet many of us are experiencing serious health challenges," he said.
Another parent, Cyrus Chege, father of the late Royvictor Muturi, said families were frustrated that nearly two years later they were still waiting for answers.
"We demand the expedited conclusion of the public inquest and all related legal processes so that we can finally receive truth, accountability and closure," he said.
The parents also called on the Ministry of Education to conduct comprehensive safety inspections in schools across the country.
