Consent agreement ends legal battle over Hillside Endarasha Academy's boarding facilities
The case, which was filed by two NGOs and a human rights activist, was dropped following the school’s commitment to operate solely as a day institution.
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 case, which was filed by two NGOs and a human rights activist, was dropped following the school’s commitment to operate solely as a day institution.
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The case, filed in October 2024 by the Kenya Human Rights Commission (KHRC) and Elimu Bora Working Group, alongside activist David Karani, challenged the school’s board of management, the Ministry of Education, and the Attorney General.
They accused the school of reopening just a month after the devastating fire, without implementing adequate safety measures.
In a previous court session, the school’s owners, David Kinyua and Mary Wanjeri, represented by lawyer Robert Kimunya, informed the court that they had decided to shut down the boarding section and operate the school exclusively as a day school.
On Tuesday, during the hearing, High Court Judge Magare Kizito adopted the consent, officially resolving the case.
The judge ruled that the school would remain a mixed-day institution for both boys and girls, with the boarding section permanently closed.
Psychological support
Additionally, the judge mandated that the Ministry of Education and the school management provide psychological support to the remaining students, particularly those who had lost friends in the tragic fire.
“Further, the school management and the Ministry of Education will be required to provide psychological support to the remaining students, particularly those who lost their friends," Justice Kizito ruled.
Justice Kizito also withdrew the petition against the National Education Board after confirming that the office did not exist.
As part of the settlement, Hillside Endarasha Academy has now officially transitioned to a day school, and its registration has been updated. The institution also underwent a rebranding, including a change in its colours, as part of its efforts to recover from the tragedy.
The school reopened in January for the first term, with parents expressing optimism about a fresh academic year despite the painful history. The boarding section, which had accommodated over 300 pupils, was completely dismantled, with a wall erected to seal off the dormitory area.
The fire, which claimed the lives of 21 boys in the dormitory, had raised alarms over safety standards at the school. Following the incident, the school faced widespread criticism for reopening in October 2024, as safety measures were believed to be insufficient at the time.
In court, Mumbi Kiarie, representing the Nyeri County Director of Education, the County Education Board, the Ministry of Education, and the Attorney General, confirmed that the school had received approval to continue operations as a day school.
To assist with the mental well-being of the students, the Ministry of Education partnered with the Kenya Red Cross to offer regular psychosocial support sessions.
Justice Kizito stressed that the psychosocial sessions should be held within the school premises, considering the tragedy that occurred there.
He ordered the county director of education and the school’s board chairperson to submit a report on how these sessions will be conducted at the school before the next hearing.
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