Families who lost children in the Hillside Endarasha Academy dormitory fire in Nyeri last year have sued the government, accusing it of withholding findings into the tragedy that claimed 21 lives.
The petitioners want the Ministry of Education and other agencies compelled to release the official investigation report within 30 days.
Ten of the 21 affected families filed the case at the High Court in Nyeri alongside the Kenya Human Rights Commission and Elimu Bora Working Group.
They have sued the school, its proprietors David Kinyua and Mary Wanjeri, the National Education Board, Nyeri County education officials, the Education Cabinet Secretary, and the Attorney-General.
According to Boaz Waruku of Elimu Bora Working Group, the remaining families will soon join the suit once paperwork is completed.
“We couldn’t get all of them by the time of filing the case because of the paperwork involved. The rest should be able to conclude as soon as possible and will be included. We’re not leaving out anyone,” he said.
The families are also asking the court to order a fire safety audit of the school and to make public the extent of its compliance with safety regulations.
They argue that neglect by government agencies and the school’s management directly led to the death of the 21 boys, aged between 10 and 14, when fire engulfed their dormitory at about 10pm on September 5, 2024, shortly after the third term began.
Through lawyer Raphael Okubo, the petitioners said they received little or no official information from the authorities after the tragedy. Although DNA tests were carried out to identify the victims, they claim they have never been given the results.
The families further alleged they were compelled to bury their children on September 26 or the following day without the freedom to choose different mortuaries or dates, despite DNA identification being completed.
“Despite the government’s promise to take swift action and ensure accountability for the fire, nothing of the sort has taken place to date,” said lawyer Okubo.
The petition cites an earlier audit by the Ministry of Education that showed many boarding schools were not compliant with fire safety requirements, describing this as proof of negligence on the part of education authorities.
It also refers to a 2020 audit report which revealed widespread gaps in preparedness. The families argue that Hillside Endarasha Academy ignored both the ministry’s safety guidelines and infrastructure standards. Lawyer Okubo added that the deaths had left families with lasting emotional, psychological and health struggles.
The legal move comes just weeks after Interior Cabinet Secretary Kipchumba Murkomen said the Office of the Director of Public Prosecutions (ODPP) had decided to take the matter to court as an inquest.
However, speaking outside the Nyeri Law Courts, lawyer Okubo dismissed the claims, saying they had not been officially informed of such a process.
“We are yet to receive any communication from the ODPP on the inquest. There have only been rumours, but even so, an inquest is different from our constitutional and civil suits. The law allows both processes to run concurrently, and we believe the route we have taken is the most viable because of the orders we are seeking from the court. An inquest only determines whether someone can be held criminally liable for the fire,” he explained.
Okubo revealed that the petitioners would today file an additional case under the Fatal Accidents Act and the Law Reform Act, seeking compensation for the loss of lives.
