Families of 21 boys killed in Hillside dorm fire sue state and school for negligence, cite violation of right to life
Parents accuse them of negligence, dereliction of duty and failing to enforce safety standards in schools, arguing that the September 5, 2024, tragedy was preventable. Court documents detail that the dormitory where the 21 boys, aged between 10 and 14, died was constructed of wood and lacked fire safety measures.
Parents of 21 boys who perished in the Hillside Endarasha Academy dormitory fire last year have filed constitutional petitions at the High Court in Nyeri, accusing the state and the school of negligence and failure to protect their children’s right to life.
The petitions, supported by the Kenya Human Rights Commission (KHRC) and Elimu Bora Working Group, demand accountability and compensation from the school owners, the Ministry of Education and other government authorities.
More To Read
- Kenya Kwanza under fire: Civil groups decry killings, graft and constitutional violations
- One year on, parents of Hillside Endarasha fire victims still demand justice
- KNCHR nominee admits victims’ compensation panel encroaches on commission
- Kenya’s public schools on the brink amid illegal fees, funding shortfalls
- KHRC calls for disbandment of Ruto’s protest victims compensation framework
- MPs clash with civil society group over report criticising education sector
KHRC’s Mary Kambo said families have been waiting for justice for more than a year since the tragedy. “The heaviest caskets are the smallest,” the petition painfully states.
The petitioners named Hillside Endarasha Academy, its proprietors, David Kinyua and Mary Wanjeri, the National Education Board, the Nyeri County Education Director, the Nyeri County Education Board, the Ministry of Education, and the Attorney General as respondents in the case.
Parents accuse them of negligence, dereliction of duty and failing to enforce safety standards in schools, arguing that the September 5, 2024, tragedy was preventable. Court documents detail that the dormitory where the 21 boys, aged between 10 and 14, died was constructed of wood and lacked fire safety measures.
They argue that these actions violated their rights under Articles 26 (right to life), 28 (human dignity), 47 (fair administrative action), and 53 (rights of children) of the Constitution, among others.
“The cutting short of the lives of the sons has resulted in emotional, psychological and mental torture and trauma that has brought about adverse effects on the health of some of them,” reads the petition.
Despite a 2020 Auditor General’s report warning of widespread fire risks in boarding schools, the petitioners say the institution was allowed to operate unchecked.
They further recount the psychological torment they endured in the aftermath. Families say they received little to no information from school authorities, were denied the freedom to choose mortuaries for their sons and were compelled into mass burials on dates dictated by the state.
“That all the while throughout the occurrence of the said incident and the aftermath thereof, (and even up to date) the 3rd - 14th Petitioners experienced distraught and despair and have up to date received no consolation or means of closure whatsoever from the 1st - 7th Respondents as a result of the said incident. The Petitioners have repeatedly sought answers and accountability thereunto from the Respondents in relation to the said incidence, but to no avail,” reads the petition.
The families now want the court to declare that the state failed in its duty of care, order accountability from school owners and education officials and compel the public release of investigations into the fire. They are also seeking a mandatory audit of the school’s fire safety compliance.
According to the petition, the Ministry of Education and other state organs ignored existing manuals on safety standards and school infrastructure guidelines, exposing learners to danger. It adds that the tragedy exemplifies a long-standing fear that boarding schools in Kenya have become “death traps for young learners.”
The petition also invokes constitutional rights to life, human dignity, education, and fair administrative action, citing violations of Articles 26, 28, 47, 53, and others.
It also references international conventions, including the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights, which guarantee children’s right to life and protection.
Among the orders sought is a declaration that the state and respondents had a duty to protect the lives of learners but failed, leading to the death of the 21 boys.
The families also seek an order of mandamus compelling education authorities to make public the findings of investigations into the fire, and a structural interdict requiring the government to present to the court a comprehensive audit of the school’s fire safety preparedness.
“A declaration be and is hereby issued that the Respondents failed, neglected and/or ignored to take adequate measures to prevent and /or mitigate against the fire at the Hillside Endarasha Academy and as a result of their reckless and/or negligent acts the 3rd - 14th Petitioners' sons' lives were lost which resulted in the violation of their constitutional rights,” reads the petition.
The petitions were filed through Okwiri & Company Advocates, with parents including Anjeline Macharia Wambui, Victor Kiragu Muthoni, Timothy Gikonjo Kinuthia, Naomi Wanjiku Kariuki, Paul Gathogo Wahito, Cyrus Chege Kehato, Esther Wairimu Ndungu, George Wanjau Kingori, Charles Wachira Mureithi, Peter Kuria, Josephine Wanjiku Kuria, and Irene Wanjiru Gathoni, all suing on their own behalf and on behalf of their deceased sons.
The matter is before the Constitutional and Human Rights Division of the High Court in Nyeri.
Top Stories Today
