High Court Drops Hillside Endarasha Fire Catastrophe Case
The High Court in Nyeri has accepted the consent of two human rights campaigners and the Endarasha Hillside Academy’s Board of Management, effectively resolving a case contesting the school’s reopening following a fire disaster in September 2024.
Mumbi Kiarie appeared virtually before Justice Magare Kizito on Tuesday (representing the County Director of Education, the Nyeri County Education Board, the Cabinet Secretary for Education, and the Attorney General).
David Kimunya represented the school’s proprietors, David Kinyua and Mary Wanjeri, as well as the Board of Management, and Haggai Chimei (Kenya Human Rights Commission, David Karani, and Elimu Bora Working Group).
They informed the court that they were prepared to close the matter once they reached an agreement on the contested areas.
While making their remarks, the three lawyers also asked the court to recognize the consent submitted on February 3, 2025, as the court’s order.
“Your lordship, last time you gave us directions. I can confirm that we filed a consent dated February 3. The same can be adopted as the order of the court,” stated Chimei.
A legal battle over the reopening of Hillside Endarasha Academy’s boarding facilities, where 21 boys perished in a fire tragedy, has been resolved after the parties reached a consent agreement.
— The Eastleigh Voice (@Eastleighvoice) February 4, 2025
The case, which was filed by two NGOs and a human rights activist, was dropped… pic.twitter.com/VxsjVhXPz6
On October 7, 2024, the Kenya Human Rights Commission, David Karani, and Elimu Bora Working Group filed a court petition, represented by Chimei and Malenya Company Advocates, seeking orders to close the school’s boarding division.
The three petitioners questioned the respondents’ intention to reopen the school so quickly, less than a month after a fire in the boy’s dormitory killed 21 people on September 5, 2018.
They argued that the safety standards required of a learning institution were not taken into consideration.
They further claimed that the answers did not provide a complete report on the state of the institution and the measures put in place to guarantee that students had a suitable learning environment.
Furthermore, the petitioners requested that the court order the defendants to provide and pay for psychosocial help to the students and impacted parents, as well as equip them with the essential skills to move forward with their lives.
On October 18, Justice Magare issued conservatory orders prohibiting the reopening of the school’s boarding facility and student accommodation until the lawsuit is heard.
He also offered the school a short reprieve by permitting the institution to admit only 114 children who were scheduled to sit the Kenya Primary School Education Assessment (KPSEA).
However, in a fresh twist to the case, the court was informed in December last year that the school had planned to operate as a mixed-day school beginning in January of this year.
This left the provision of psychosocial support as the last outstanding issue in the lawsuit.
Chimei stated in his statement to the court that his clients would be willing to withdraw consent and finish the case after the respondents have proved to the court how they intend to help the children through therapy.
“I know the children who went through the process; some of them are still in the school,” Chimei told the court.
“How the school intends to support them at least through psychosocial support. Once we can do that, then consent, then we can have this file closed.”
Ms Kiarie responded on behalf of the 4th, 5th, 7th, and 8th respondents, stating that her clients and the County Government of Nyeri had teamed with the Kenya Red Cross to provide counseling at the Mt Kenya Hospital in Nyeri town for the learners at no cost.
According to the accord read in court today by Justice Magare, the parties agreed to settle the case on the condition that the school operate as a mixed-day school.
They also decided that the respondents in the case would give frequent counseling services on school grounds for the students who witnessed the tragedy.
Furthermore, the three parties would be accountable for settling their respective court charges.
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“That the parties agreed that the notice of motion and petition dated October 7 be marked as settled in the following terms,” said Justice Magare.
“The 1st, 2nd and 3rd respondents have agreed to shut down the boarding facility at the Hillside Endarasha Academy such that the school shall operate as a mixed boys’ and girls’ day school.”
“That the respondents avail psychosocial support to the schoolgoing children, especially those who lost their friends, which should be ongoing at the school. Each party bears their own costs,” he continued.
In granting their prayers, Justice Magare stated: “Therefore, I mark the matter as settled with the terms agreed.”
High Court Drops Hillside Endarasha Fire Catastrophe Case
