Court allows reopening of Hillside Endarasha boarding facilities for KPSEA

The High Court in Nyeri has ordered the reopening of boarding facilities at the Hillside Endarasha Academy, allowing 24 Kenya Primary School Education Assessment (KPSEA) candidates to stay in the school as they prepare for their national examinations next week.

This decision, made on Thursday by Justice Magare Kizito, permits these candidates to join the 57 day scholars at the institution.

Justice Kizito set aside an earlier ruling of October 17 that had halted the reopening of the boarding facilities pending a health and safety report from the Ministry of Education.

The judge had previously instructed County Director of Education Jane Njogu to conduct a personal inspection of the school to assess its compliance with safety standards set by the ministry.

During the recent court session, State Counsel Mumbi Kiarie, representing the County Director of Education, the County Education Board, the Education Cabinet Secretary, and the Attorney General, expressed her concerns over the late receipt of the safety report.

"I have not had time to thoroughly review the document because it was sent to me around 9 pm on Wednesday evening. I request for more time to go through it and verify our compliance with your orders," she stated.

Electrical installation

The school's owners, David Kinyua and Mary Wanjeri, along with the board of management, informed the court that the Energy and Petroleum Regulatory Authority had completed the required electrical installation, which had been ordered in a prior court ruling.

They noted that the installation was completed on Wednesday but had yet to present the official report to the court. Justice Kizito had emphasised the need for a thorough installation, criticising the previous hasty execution of the task.

The court also instructed the school's management to provide regular status reports on the ongoing safety implementation works.

The case involves two non-governmental organisations — the Kenya Human Rights Commission (KHRC) and Elimu Bora Working Group — along with human rights activist David Karani, who are challenging the proprietors and the Ministry of Education for allegedly reopening the school without adequate safety measures.

The court is scheduled to reconvene on December 20, 2024, when it will determine whether to fully reopen the boarding section of the academy.

A tragic fire at the Hillside Endarasha school dormitory on September 5, 2024 claimed the lives of 21 children.