Blow to Hillside Endarasha Academy as court blocks re-opening of boarding facilities

Crime scene investigators gather at the Nyeri county's Hillside Endarasha Academy in Nyeri county on September 6, 2024 after a fire broke out killing 21 pupils. [AFP]

The High Court in Nyeri has barred the re-opening of the boarding section at the Hillside Endarasha Academy.

This is after human rights and education lobby groups filed a petition at the court seeking to have the boarding facilities closed following a fire tragedy that left at least 21 learners dead.

Justice Kizito Magare ordered the school management to not also board any students until the application filed by the Kenya Human Rights Commission and Elibu Bora Working Group is heard and determined.

He also directed the school to submit before the court a report on the structural soundness of its facilities.

Justice Kizito asserted that despite his not blocking the institution from totally re-opening after the tragedy, the safety of those who are still schooling is paramount.

“The matter is certified as urgent noting that the best interest of the children is at stake. I do not find it necessary to bar the re-opening of the school, noting that, I take Judicial notice that schools close this month. However, I am satisfied that there is a threat to the safety and health of the minors.

Consequently, I direct that a conservatory order is issued forbidding re-opening of the boarding facilities or in any way accommodating the children within the 3 respondent's school pending inter partes hearing,” ruled Justice Kizito.

In the case, the two lobby groups argued that the school’s management was in a rush to re-open it without first guaranteeing that the structures were safe for habitation.

“The respondents are in quite a rush to reopen the school without having put in place all the requisite measures to ensure the safety of the pupils by the prescribed safety standards for school structures and school learning environment,” the court heard.

The school reopened after the burials to allow Kenya Primary School Education Assessment (KPSEA) students to prepare for their upcoming examinations.

 Acting regional commissioner Pius Murugu, all the investigations at the scene had been concluded, and the school was no longer a crime scene. The school was handed over to the management, and a report will be released on the findings.

However, the human rights group argued that there is no guarantee that there would be no other tragedy.

“The extent to which the respondents have not presented a comprehensive report on the state of the school and the measures in place to ensure that the pupils have a conducive learning environment and such a tragedy will not occur again is a violation of the laws set in place regarding the safety standards of schools in Kenya,” court documents read in part.

The lobby groups sued the school, its owner David Kinyua, Mary Wanjeri, the school board, Nyeri County director of education, the education Cabinet Secretary and the Attorney General.

The case will be mentioned on October 17, 2024.