The High Court in Nyeri has reopened the boarding wing at Hillside Endarasha Academy for 24 Kenya Primary School Education Assessment (KPSEA) candidates who are set to begin their national examinations next week.
In orders issued on October 24 by Justice Magare Kizito, the court allowed the candidates to board at the school and join their 57 KPSEA counterparts, who will take the exams as day scholars at the institution.
The judge explained that he was reversing earlier orders issued by the court on October 17, which had stopped the reopening of the boarding facilities pending a health and safety report from the Ministry of Education on the status of the institution.
Justice Kizito had earlier directed the ministry, through County Director of Education Jane Njogu, to inspect the school and prepare a report on its compliance with the ministry's safety standards.
But in court on Thursday, lawyer Mumbi Kiarie, who is representing the County Director of Education, the County Education Board, the Cabinet Secretary of Education and the Attorney-General in the suit, said she received the report late.
“I have not had time to thoroughly review the document because it was sent to me at around 9pm on Wednesday. I request more time to go through it and verify our compliance with your orders,” she said.
The school’s owners—David Kinyua and Mary Wanjeri —and the Board of Management told the court that the Energy and Petroleum Regulatory Authority had completed an electrical installation exercise as earlier ordered by the court.
They added that the installation was done on October 23, although they have yet to submit the report to the court.
Justice Kizito had earlier ordered a repeat of the electrical installation, saying it was done in haste—in one day.
The court also ordered the school owners to file continuous status reports on the progress of the ongoing implementation works at the institution.
In the suit, the Kenya Human Rights Commission (KHRC), Elimu Bora Working Group and activist David Karani accuse the school owners and the Ministry of Education of rushing to reopen the school without taking the necessary safety measures.
The case will resume on December 20, when the court will decide whether the boarding section should be fully reopened.
