Families of 21 boys who died in the Endarasha school fire, backed by the Kenya Human Rights Commission (KHRC) and Elimu Bora Working Group (EBWG), have filed a constitutional petition against Ruto’s government and Hillside Endarasha Academy.
The petition, lodged at the High Court in Nyeri, names the school, its proprietors, the Ministry of Education, the Attorney-General, and other education authorities as respondents.
“Families of 21 boys who died in the Endarasha fire, backed by the Kenya Human Rights Commission and Elimu Bora Working Group, have sued the state and school for failing to protect their children’s lives,” read the KHRC statement.
Endarasha families accuse the respondents of negligence and dereliction of duty, arguing that the tragedy was preventable.
According to the petition, the dormitory where the boys, aged 10 to 14, died was made of wood and lacked basic fire safety measures, including alarms and fire exits.
“The heaviest caskets are the smallest, the tragedy was preventable and stemmed from the state’s failure to enforce safety standards in schools,” the petition stated, reflecting the families’ grief.
Petitioners argue that strict enforcement of safety regulations could have averted the fire.
Endarasha Fire Safety Lapses and Oversight Failures
The petition further alleges that the state failed to enforce safety standards across boarding schools, putting children’s lives at risk.
Families recount being subjected to psychological torment in the aftermath.
They received little to no information from authorities, were denied the choice of mortuaries, and forced into mass burials on state-determined dates.
Advocates from KHRC and EBWG emphasize that accountability and structural reforms are essential to prevent similar incidents in other institutions.
Demand for Justice and Transparency
The families are seeking a declaration that the state failed in its duty of care.
They also request a court order mandating the public release of investigations into the fire and a mandatory safety audit of the school.
The petition calls for education authorities and the school proprietors to be held accountable for their roles in the tragedy.
“Families were subjected to psychological torment, denied the choice of mortuaries, and forced into mass burials,” said KHRC representatives.
The High Court will determine whether the state and other respondents failed in their duty of care, a ruling that could set a precedent for school safety enforcement across Kenya.
Endarasha Fire Incident
The Hillside Endarasha Academy fire incident occurred on the night of September 5, destroying the boys’ dormitory, leaving behind shattered windows and burnt doors, killing 21 students.
DCI detectives probed inconsistencies in the dormitory’s construction materials, with Director David Kinyua tasked to explain why there were inconsistencies in the materials used for the boys’ dormitory.
Also Read: Govt Orders Immediate Inspection of All Schools After Endarasha Deadly Fire
Additionally, the DCI sought to answer the question of the whereabouts of the matron on duty that fateful night, as details emerged that she had been involved in an accident and was unable to make it to work.
There was also the question of whether someone attempted to switch off the lights from the main meter and accidentally caused an electrical malfunction, as the matron responsible for turning off the lights after the learners had settled in bed was absent.
DCI Preliminary Reports
In a statement on September 11, the DCI said it has deployed forensic teams and experts from the Homicide Directorate to conduct a thorough inquiry into the tragic fire incident at the boys’ dormitory.
Also Read: Autopsy Reveals How 21 Endarasha Pupils Died in Fire Inferno
Preliminary investigations indicate that there were 330 students enrolled as boarders at the institution, comprising 166 females and 164 males.
However, eight boys had not reported back since the school had only opened for the third term on September 3, 2024, leaving 156 boys in the dormitory on that tragic night.
The DCI confirmed that all 166 girls and 140 boys are safe with their parents.
“Two of the five boys who were admitted succumbed to injuries. Nineteen bodies have been recovered from the razed dormitory, bringing the total number of deaths to 21,” the DCI said.
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