Nyeri, Kenya|The High Court in Nyeri has formally adopted a consent agreement between two human rights lobby groups and the Board of Management of Endarasha Hillside Academy, effectively concluding a legal battle over the school’s reopening following a tragic dormitory fire in September 2024.
The consent, filed on February 3, 2025, was endorsed by Justice Magare Kizito during a virtual court session on Tuesday.
Lawyers representing the concerned parties—Mumbi Kiarie for the County Director of Education, Nyeri County Education Board, the Cabinet Secretary for Education, and the Attorney General; David Kimunya for the school proprietors, David Kinyua and Mary Wanjeri, and the school’s Board of Management; and Haggai Chimei for the Kenya Human Rights Commission, David Karani, and the Elimu Bora Working Group—confirmed that all parties had reached an agreement on the contested issues.
Background of the Case
The case stemmed from a devastating fire on September 5, 2024, that engulfed a boys’ dormitory at Endarasha Hillside Academy, claiming the lives of 21 students.
In response, the Kenya Human Rights Commission, alongside David Karani and the Elimu Bora Working Group, filed a petition on October 7, 2024, through Chimei and Malenya Company Advocates, seeking court orders to prevent the school’s boarding section from reopening.
The petitioners challenged the respondents’ swift decision to reopen the institution within a month of the tragedy, arguing that the move disregarded crucial safety standards required for a learning institution.
They further contended that the school had not provided a detailed report on the structural integrity of the institution or outlined measures to ensure the safety and well-being of students returning to class.
Additionally, the petitioners sought court intervention to compel the school to provide psychosocial support for affected students and bereaved parents, equipping them with the necessary coping mechanisms to navigate their grief and trauma.
Court Interventions and Temporary Orders
On October 18, 2024, Justice Magare issued conservatory orders barring the reopening of the school’s boarding facilities and prohibiting the accommodation of students within the school premises until the case was heard and determined.
However, recognizing the urgency of national examinations, the court allowed 114 candidates scheduled to sit the Kenya Primary School Education Assessment (KPSEA) to continue learning at the institution.
By December 2024, a significant shift occurred in the case when the school management informed the court of its decision to permanently transition into a mixed-day school starting January 2025.
This development left the issue of psychosocial support as the sole unresolved matter in the suit.
Resolution Through Consent
During Tuesday’s court proceedings, Chimei, representing the petitioners, indicated that his clients were open to withdrawing the case, provided the school presented a clear plan for offering counselling services to affected students.
“I know that some of the children who experienced the tragedy are still in the school. It is essential to understand how the institution intends to support them, at least through psychosocial assistance. Once this is clarified, we can formalize the consent and close this case,” Chimei stated.
In response, Ms. Kiarie, representing the County Government of Nyeri and the Ministry of Education, informed the court that arrangements had been made with the Kenya Red Cross to provide free counselling sessions for affected learners at Mt. Kenya Hospital in Nyeri town.
However, Justice Magare directed that counselling services be conducted within the school premises to ensure easy access and a familiar environment for the students.
He emphasized the importance of mental health support for young learners, stating, “With mental health issues, things may appear calm on the surface, but struggles often lie beneath. It is crucial to have these children receive support within a setting where they feel safe.”
Final Court Orders and Case Conclusion
After reviewing the consent agreement, Justice Magare formally marked the case as settled, outlining the key conditions agreed upon by all parties:
- Endarasha Hillside Academy will permanently cease its boarding operations and function solely as a mixed-day school for boys and girls.
- Regular psychosocial support will be provided on-site for students who witnessed the tragedy, with structured counselling sessions to aid their emotional recovery.
- Each party will bear its own legal costs, ensuring no additional financial burdens on any of the involved stakeholders.
With these terms in place, Justice Magare concluded the matter, stating, “I hereby mark the case as settled under the agreed terms.”
A New Chapter for Endarasha Hillside Academy
The conclusion of the case marks a pivotal moment for Endarasha Hillside Academy, which now embarks on a new phase as a purely day school.
While the fire tragedy left an indelible mark on the school community, the provision of structured psychosocial support is expected to play a crucial role in the healing process of both students and families affected by the disaster.
This ruling underscores the judiciary’s commitment to prioritizing the mental well-being of learners while ensuring accountability in school safety measures.
The case also sets a precedent for how institutions should handle post-tragedy recovery, emphasizing transparency, student welfare, and adherence to safety regulations.
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