The court issued the ruling on Friday, October 11, following petitions from the Kenya Human Rights Commission (KHRC) and other concerned stakeholders.
The Nyeri High Court has ordered the immediate closure of the boarding facility at Hillside Endarasha Academy.
The court issued the ruling on Friday, October 11, following petitions from the Kenya Human Rights Commission (KHRC) and other concerned stakeholders.
Justice Dennis Magare Kizito cited serious safety and health concerns for pupils after a tragic fire in September that claimed 21 lives.
“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,” Justice Magare ruled in part.
The scene at Hillside Endarasha Academy following a fire tragedy on September 6, 2024. /MACHARIA WANGUI
“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 3rd Respondent’s school pending inter partes hearing.”
The court directed that the respondents, which include the Hillside Endarasha management, Nyeri County Director of Education and six others be served for directions on October 17, 2024.
They were also asked to file Health and safety reports together with reports on the structural integrity of the dormitories before October 16, 2024, failure to comply is likely to lead to more stringent penalties or a prolonged closure of the boarding facilities.
This order follows the September 5 fire that razed one of the school’s dormitories in the Kieni constituency, tragically killing 21 boys and injuring over a dozen others. The fire’s cause remains unknown, intensifying calls for more thorough investigations and accountability from the school administration.
The school, which reopened on Wednesday after a month-long closure, was not expected to close its boarding facilities so soon.
The Ministry of Education had given the green light for the school to resume operations after quality assurance officers conducted assessments and deemed it safe for students to return. However, the court’s latest ruling throws that assurance into doubt, as structural concerns remain unresolved.
The boarding facility that caught fire had been home to 152 boys on the night of the inferno, just four short of its 156-student capacity. While renovation works on the damaged dormitory have been ongoing, the court’s decision now forces the school to address safety concerns more comprehensively before students can return to any of the dormitories.
The tragedy prompted a public outcry hours after its occurrence, and groups like the KHRC and the Elimu Bora Working Group constantly demanded action to protect students from future fires. These organisations, along with a concerned parent, David Karani, filed the petition, arguing that the school was not fully equipped to guarantee the safety of students despite efforts to repair the damage.
Jane Njogu, the Nyeri County Director of Education, had previously assured parents that significant repairs had been made. She noted that masons were working around the clock, ensuring that all was ready for the students’ return.
“They are moving very fast; they have done a lot of constructions and reconstructions to ensure that the learners are comfortable when they come back to school,” Njogu stated.
In light of the fire, President William Ruto on Monday, September 9 affirmed that schools have no choice but to get in line with government regulations in his move to tame the recent and rising trend of school fires in the aftermath of the Hillside Endarasha fire disaster.
President William Ruto (centre) meets officials from Education and Interior Ministries over the Hillside Endarasha Academy tragedy. /PCS