KENYA : The Hillside Endarasha Academy in Kieni Nyeri will not admit boarders in the institution come January 2025 following a decision by the proprietors to run the facility as a mixed day Junior and Primary School.

Appearing before Justice Kizito Magare on Friday, the counsel for the County Director of Education, Ms. Mumbi Kiarie, told the court that despite complying with the basic health and safety measures as directed by the court after the fatal fire incident in September, the school had applied for an operating license for only the mixed day section.

“According to the 4th respondent (County Director of Education), the health and safety measures have been complied with. However, from her report, she has indicated that the school has applied for a mixed day junior and primary school. That means they have not applied for the re-registration of the boarding facility,” said Ms. Kiarie.

“In that regard, for the next term, the school will only be reopened as a mixed day junior and primary school and have no boarding facility,” she added.

While appearing virtually before Justice Kizito, the counsel for the school’s Directors-David Kinyua and Mary Wanjeri, as well as the school’s Board of Management, Robert Kimunya confirmed that his clients were no longer interested in operating the institution as both a day and boarding school. He also confirmed that the school will not be pursuing a license to operate a boarding school should the court give its final determination on the matter.

“My client has decided that the school remains a mixed day school. They are no longer re-admitting boarders. They have applied to the County Education Board to operate as a mixed-day primary school,” Kimunya told the court.

Through their lawyer, Chimei and Malenya Company Advocates, the Kenya Human Rights Commission, David Karani, and Elimu Bora Working Group moved to court on October 7 seeking orders to have the boarding section of the school closed.

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 on September 5 this year, 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 institution and the measures that had been put in place to ensure that the pupils have a conducive learning environment.

Further, the petitioners had asked the court to compel the respondents to offer and pay for psychosocial support to the pupils and affected parents and equip them with the necessary skills to forge ahead with their lives.

On Friday, Chimei said that his clients would be willing to draw consent and terminate the matter before the court but only after the respondents had told the court how they intend to support them through counselling.

“I know the children who went through the process; some of them are still in the school. How is the school intending to support them, at least through the psychosocial support? Once we can do that, then consent is drawn, and then we can have this file closed,” said Chimei.

In a quick rejoinder, Ms. Kiarie told the court that her clients and the County Government of Nyeri had partnered with the Kenya Red Cross to provide counselling at the Mt. Kenya hospital in Nyeri town for the learners for free.

However, Justice Magare directed that regular counselling sessions be conducted at the school premises as a way of safeguarding the mental well-being of the learners who witnessed the fire tragedy. He also directed that the respondents table a comprehensive report on the arrangements made to ensure that provision of regular psychosocial support for the children was provided at the school premises.

“We are handling this case differently because of the children. It is better if the counselling is done on site. Why I am saying this is because there are kids who are now over eight years old and still remember traumatising events that occurred many years ago. It is good to have these children talked to because with mental health issues, things can be calm at the top, but underneath they could be struggling,” said Justice Magare.

“When you come back for the final mention, you get us a comprehensive report on the license indicating that the school is not a boarding school, and you will also tell us what you have done to have the kids spoken to,” added Justice Magare. The matter will proceed on February 4, 2025.