The Kenya Human Rights Commission (KHRC) and Elimu Bora Working Group have filed a case seeking to stop the reopening of the Meline Waithera dormitory in Utumishi Girls Senior School, where 16 students died in an arson attack.
Eight girls linked to the arson attack at the school have since been arraigned at the Kibera law courts and charged with 16 counts of murder.
In the constitutional petition filed before Justice Cecilia Githua in Naivasha,the two organisations state: “Reopening and use of the Meline Waithera dormitory should be stopped until all proper safety measures are put in place by the school and other duty bearers.”
Elimu Bora Working Group members Esther Wanjiru (left), David Karani (centre) and Maxwell Magawi address journalists at the Kenya Human Rights Commission offices in Nairobi on November 17, 2024.
Photo credit: Evans Habil | Nation Media Group
“For long, duty bearers have failed to implement Ministry of Education guidelines even after the country witnessed similar fire tragedies. The repetition of this pattern of preventable dormitory fires is not a coincidence but the predictable consequence of chronic, wilful dereliction by multiple duty bearers,” the petition adds.
An investigation established that the Meline Waithera dormitory was congested. Education Cabinet Secretary Julius Ogamba also cited serious safety lapses at the institution.
“The school did not adhere to the safety requirements as stipulated in the School Safety Manual and the Basic Education Regulations,” stated Mr Ogamba, noting that one of the dormitory’s exit doors was permanently locked.
The petitioners have sued the Attorney-General, Utumishi Girls Senior School board, the Education Cabinet Secretary, the National Education Board, Nakuru County education director and the Education Standards and Quality Assurance Council.
The dormitory at Utumishi Girls Senior school that caught fire, killing scores of students while others are nursing serious injuries.
Photo credit: File | Nation Media Group
The petitioners argue that deaths of learners in school dormitories have nearly become a norm because of inaction by the Ministry of Education and its officials who are mandated with ensuring proper safety measures are put in place.
“Past tragedies have occurred, but they are followed with lip service by officers at the county and national levels. The duty bearers have repeatedly failed to implement legally mandated safety standards, heeded no warnings from past tragedies and not acted upon audits and task force recommendations in their possession. For how long will this continue? We demand that the Utumishi Girls Senior School becomes the last to experience such a preventable tragedy,”reads the petition.
“The loss of young lives due to systemic failures by various duty bearers in the exercise and discharge of their duties is unacceptable. Going forward, no parent or guardian should bury their young children because of a similar tragedy. Boarding schools should not become death traps,” the petitioners add.
“Given the nature of the orders sought, I direct that the petition be served on all respondents forthwith before the matter is heard. The petitioners have seven days to serve the respondents with the papers,” stated Justice Githua.
The school has reopened amid tough demands by parents who want various safety measures and infrastructural reforms urgently addressed to prevent a repeat of the tragedy.
Parents have demanded safe dormitories and classrooms with proper emergency exits, alarms, and fire extinguishers, as well as stricter enforcement of school safety regulations. They also want the school to come up with long-term measures to decongest dormitories and ensure an adequate water supply.
They issued the government a one-month ultimatum to construct a new dormitory and roll out other infrastructure that will decongest the institution.
“We are asking President William Ruto to urgently intervene and order the Ministry of Education to set aside funds for the construction of a dormitory. The school also needs other facilities like classrooms to address overcrowding,” parent Lucy Wanjiru told the Nation.
“It is unfortunate that our girls have to sleep in temporary structures within the school compound. Why should learners sleep in makeshift structures after such a tragedy? We want President Ruto to urgently intervene and end overcrowding at the institution,” she added.
Parents also expressed frustrations over what they termed a slow response in addressing infrastructural needs at the school.
“It is sad that our girls died, and we are still without proper dormitories. It is clear that the school is under pressure to match enrolment with investment in infrastructure. The dormitories as currently designed house far more students than they were built to accommodate,” said Edwin Ahmed, another parent.
“As part of fire-fighting preparedness, we ask the school to adhere to the Ministry of Education’s safety standards, which require regular fire drills,” said parent Joseph Towett.
Parents take photographs of the ruins of the dormitory following an overnight fire at the Utumishi Girls' Academy Senior School in Gilgil, Nakuru county, Kenya May 28, 2026.
Photo credit: REUTERS/Thomas Mukoya
An eight-hour meeting bringing together parents,school management and other education stakeholders held at the school resolved to have staggered reopening of the institution.
Form Fours were the first to report to school on July 2. Grade 10 and Form Threes reported on July 6 and 9, respectively.
Some parents want to be enjoined in the case as interested parties to guide the reopening of the school and the continuation of learning.
“As parents and guardians, we understand the importance of ensuring that learning resumes without further interruptions, especially for candidates who will be sitting for their KCSE examinations in a few months,” said a Form Four parent.
As part of the temporary measures to address dormitory overcrowding, Form Fours have been accommodated at the dining hall and Form Threes in makeshift tents. Other students remain in the dormitories that were not destroyed by the fire.
