Petitioners call for prosecution of school heads in wake of recent fire tragedies

School heads whose negligence leads to the deaths or injuries of students could soon face prosecution if a proposed law is enacted.

A petition has been submitted to the National Assembly, urging lawmakers to create legislation that would hold head teachers and school administrators accountable for failing to ensure student safety.

This comes just a week after a tragic fire at Endarasha Hillside Academy in Nyeri County claimed the lives of at least 21 pupils when a dormitory was engulfed in flames.

The petitioners, John Wangai, a public litigation lawyer, and Anthony Manyara, president of the Kenya Universities Students Organisation are calling for a comprehensive School Safety and Security Act that would set strict guidelines to protect students.

The petition seeks to impose heavy penalties on schools that fail to comply with safety regulations, including hefty fines and the closure of non-compliant schools.

One of the key proposals is to hold negligent school administrators criminally responsible for disasters like fires, which have become increasingly common in Kenyan schools.

Annual fire safety audits

In their submission, Wangai and Manyara are proposing mandatory annual fire safety audits for all schools. These audits would be conducted by certified professionals, with the findings submitted to the relevant authorities.

They are also want schools to be legally required to install essential safety equipment, including fire detection systems, alarm systems, extinguishers, emergency exits, and other fire prevention measures.

"Schools must conduct regular fire drills and emergency preparedness exercises for students and staff at least twice a year to ensure awareness and readiness," the petition reads in part.

Training for staff and students

In addition to fire drills, the petition calls for periodic training of teachers, non-teaching staff, and students on fire safety, first aid, and disaster management. This training would ensure that in the event of an emergency, everyone is prepared to act swiftly and effectively.

Wangai and Manyara also seek clear protocols for communication and coordination with emergency services during a crisis.

"Enact a law to mandate compliance with structural safety standards for all school buildings, dormitories, laboratories, kitchens, and other facilities," the petition adds.

The petitioners are further pushing for a monitoring and evaluation system to be established, ensuring schools continuously adhere to safety standards and improve safety measures where necessary.

Interior CS Interior Kithure Kindiki addressing the media at Hillside Endarasha Academy, Nyeri County following at tragic fire incident on September 6, 2024. (Photo: Ministry of Interior and National Administration)

The need for such legislation is underscored by the tragic history of school fires in Kenya, which have claimed many young lives over the years.

The recent fire in Nyeri is the latest in a series of such incidents. In 2022, eight students perished in a fire at Moi Girls High School in Kibra.

Back in 2001, 67 boys lost their lives in a devastating fire at Kyanguli Secondary School.

Other schools like St. Kizito in Tigania, Bombolulu Girls in Mombasa, Endarasha Boys Secondary, and Nyeri High School have also experienced serious fire outbreaks.

Audit Report paints grim picture

An October 2020 audit by Auditor General Nancy Gathungu revealed alarming gaps in fire safety preparedness within schools.

The report highlighted the lack of fire safety policies, inadequate fire detection and alarm systems, poorly maintained fire extinguishers, and a failure to conduct regular emergency drills.

The audit further revealed that many schools had not trained staff or students on how to respond to emergencies, leaving them vulnerable to disasters.

"These shortcomings pose a significant risk to the lives and well-being of students, teachers, and school staff," Wangai and Manyara argue in their petition.

They add that the government must enact legislation that fully addresses school safety and security.

Gathungu's report also pointed out structural issues, such as doors that open inwards, windows with metal grills, and dormitories without enough emergency exits.

Some schools were found to have dormitories with doorways smaller than the recommended five feet, making evacuation difficult during emergencies.

"The existing laws, including the Basic Education Act and the Occupational Safety and Health Act, do not comprehensively address the specific safety and security needs of schools," Wangai and Manyara say.

They emphasise that the absence of clear legal requirements for fire safety audits, mandatory installation of safety equipment, and regular drills have left students exposed to unnecessary dangers.

"Enacting specific legislation on school safety and security will provide a robust framework for preventing, preparing for, responding to, and recovering from disasters, thereby safeguarding the right to education in a secure environment," they add in the petition.

The petitioners hope that by passing this law, schools will be held accountable for ensuring the safety of students and staff, and tragedies like the Endarasha fire will become a thing of the past.