Education Cabinet Secretary, Nyeri County Director of Education, the Attorney General and the Nyeri County Education Board have until December 20 to file a Health and Safety report on the Hillside Endarasha Academy.
Justice Kizito Magare issued the fresh orders on Thursday after it emerged that the four respondents in the suit filed by two Civil Society Organizations, had not complied with directives issued by the court on October 9 and October 17.
“The 4th-8th respondents (County Director of Education, the Nyeri County Education Board, the National Education Board, the Education CS and the Attorney General) to file reports on the Safety and Health before 20/12/2024,” said Justice Magare on Thursday.
Through their lawyers, Chimei and Malenya Company Advocates, the Kenya Human Rights Commission, David Karani and Elimu Bora Working Group moved to court on October 7 seeking a mandatory injunction compelling the respondents in the matter to conduct a comprehensive inspection and present a report on the safety of the pupils.
The three petitioners had questioned the respondents’ intention to hastily reopen the school barely a month after a fire incident claimed the lives of 21 boys in the school, 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.
Last week Justice Magare directed a fresh inspection to be conducted on the electrical works at the school after it emerged installations and testing were done on the same day. He also granted the school temporary reprieve by allowing the institution to only admit 114 pupils who are set to write the KPSEA. However, the temporary relief was subject to a confirmation by the Nyeri County Director of Education Ms Jane Njogu, that safety measures are in place.
Earlier the legal counsel for the directors and the School’s Board of Management, Mr Robert Kimunya confirmed that the school had closed for the Third Term break. Kimunya informed the court that only Kenya Primary School Education Assessment (KPSEA) candidates were in session awaiting to write the examinations which are slated for October 28-30.
“We have had a discussion with the County Director of Education. The school is closed for Third Term except for KPSEA candidates,” said Kimunya.
The matter will continue on December 20, when the judge is expected to give further instructions.
By Wangari Mwangi
