Editor's note: Read the petition here.
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.
The constitutional petition, filed at the High Court in Nyeri, names Hillside Endarasha Academy, its proprietors, the Ministry of Education, the Attorney-General, and education authorities as respondents.
It accuses them of negligence and dereliction of duty, arguing that the tragedy was preventable and stemmed from the state’s failure to enforce safety standards in schools.
According to the petition, the dormitory where the boys aged 10 to 14 perished was built of wood and lacked basic fire safety measures.
Despite earlier government audits warning of widespread fire risks in boarding schools, the institution was allowed to operate unchecked, petitioners say.
The families further recount being subjected to psychological torment in the aftermath, receiving little to no information from authorities, being denied the choice of mortuaries, and forced into mass burials on state-determined dates.
The petitioners are seeking a declaration that the state failed in its duty of care, accountability from education officials and the school’s proprietors, and a court order compelling the public release of investigations into the fire and a mandatory audit of the school’s safety compliance.
“The heaviest caskets are the smallest,” the petition painfully states.