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The High Court in Nyeri has authorized the reopening of the boarding wing at Hillside Endarasha Academy for 24 candidates preparing for the Kenya Primary School Education Assessment (KPSEA), with national exams starting next week.
In a ruling on October 24 by Justice Magare Kizito, the court permitted the candidates to stay at the school alongside 57 others taking the exams as day scholars.
Justice Kizito explained that this decision reversed earlier orders from October 17, which had prohibited the reopening of the boarding facilities until a health and safety report from the Ministry of Education was submitted regarding the school’s condition.
The judge had previously instructed the ministry, through County Director of Education Jane Njogu, to conduct an inspection and prepare a report on the school’s adherence to safety standards.
During a court session on Thursday, lawyer Mumbi Kiarie, representing the County Director of Education and other parties in the case, stated that she received the report too late to conduct a thorough review. “I received it around 9 PM on Wednesday, and I need more time to verify our compliance,” she said.
The school’s owners, David Kinyua and Mary Wanjeri, along with the Board of Management, informed the court that the Energy and Petroleum Regulatory Authority had completed an electrical installation as previously mandated. They noted the work was finished on October 23, although the report has not yet been submitted to the court.
Justice Kizito had previously ordered that the electrical installation be redone, citing that the initial work was done too quickly in just one day.
The court also required the school owners to provide ongoing status updates on the implementation of necessary improvements at the institution.
In this case, the Kenya Human Rights Commission (KHRC), Elimu Bora Working Group, and activist David Karani have accused the school owners and the Ministry of Education of hastily reopening the school without ensuring adequate safety measures.
The court will reconvene on December 20 to determine whether the boarding facilities should be fully reopened.
