The High Court in Nyeri has directed the Cabinet Secretary for Education, Julius Ogamba, to file a proper report detailing the safety status of the Hillside Endarasha Academy in Nyeri County before Thursday next week.
While issuing fresh directions in a case filed jointly by Kenya Human Rights Commission, David Karani, and Elimu Bora Working Group, Justice Kizito Magare has also granted the school temporary reprieve by allowing the institution to only admit 114 pupils who are set to sit the Kenya Primary School Education Assessment (KPSEA).
However, the temporary relief is subject to a confirmation by the Nyeri County Director of Education that safety measures are in place.
โThe 1stย and 3rd respondents (David Kinyua Wambugu and Board of Management Hillside Endarasha Academy) may admit only 114 students/pupils into the dormitories for the purposes of assessment and exams after the County Director of Education, Ms. Jane Njogu, has personally visited and has been satisfied with the safety of the dormitory,โ said Justice Magare.
Last week, Justice Magare issued conservatory orders forbidding the reopening of the school’s boarding facility and the accommodation of students within Hillside Endarasha Academy until the case is heard. While certifying the matter as urgent, Justice Magare said that the best interest of the children was at stake.
โI am satisfied that there is a threat to the safety and health of the minors,โ stated Justice Magare on October 9.
The school was closed down on September 5 following a fire tragedy that razed down the boyโs dormitory, claiming 21 lives. In their suit, the three petitioners had questioned the eight respondents’ intention to hastily reopen the school barely a month after the incident, without due consideration of the safety standards required of a learning institution.
They also argued that the respondents had not presented a comprehensive report on the state of the school and the measures in place to ensure that the pupils have a conducive learning environment.
Further, the petitioners had asked the court to compel the respondents to offer and pay for psychosocial support to the pupils and affected parents and equip them with the necessary skills to forge ahead with their lives.
While staying his earlier orders, Justice Magare also directed Mr. Kinyua (1st Respondent), the schoolโs Board of Management (3rd Respondent), Ms. Njogu (4th Respondent), the County Education Board (5th Respondent), the National Education Board (6th Respondent), the Education CS (7thย Respondent) and the Attorney General (8th Respondent) to present health and safety reports. The eight respondents were also to present a report on the structural integrity of the dormitories before Wednesday this week โunder the hand ofโ the Education CS.
โThe respondents, in particular the 4th, 5th, 6th,ย and 7th respondents, to ensure compliance of this order,โ ordered the judge.
The court has also directed a fresh inspection to be conducted on the electrical works at the school after it emerged that installations and testing for electric connections were done on the same day. According to a Commencement of Work Notice issued by the hired contractor, the electrical installations were to start on October 15. However, the counsels for the respondents and the CDE had a hard time explaining how a Completion Certificate was issued by 4 p.m. that same day that the installations were done.
โI am not satisfied that substantial work has been done. The report by the Energy and Petroleum Regulatory Authority doesnโt appear truthful. The 1stย and 3rd respondent should ensure that there is proper testing by engineers at the county level,โ stated the judge.
The matter will continue on October 24 at the Nyeri High Court.
By Wangari Mwangi
