NYERI, Kenya – The High Court in Nyeri has officially closed a case challenging the reopening of Endarasha Hillside Academy, following an agreement between human rights lobbyists and the school’s management.
The dispute stemmed from a deadly dormitory fire in September 2024 that claimed the lives of 21 students.
Justice Magare Kizito adopted the consent on Tuesday after lawyers representing all parties confirmed they had resolved the contentious issues.
The case had been filed in October 2024 by the Kenya Human Rights Commission, David Karani, and the Elimu Bora Working Group, who sought to halt the school’s reopening over concerns about safety and psychosocial support for affected students.
The petitioners initially argued that the school’s management, along with the Ministry of Education and the Nyeri County Education Board, had rushed to reopen without conducting a full safety assessment.
They also pushed for mandatory counseling services for students and parents who suffered trauma from the tragedy.
In October, Justice Magare temporarily barred the school from reopening its boarding section but allowed 114 students preparing for their Kenya Primary School Education Assessment (KPSEA) to continue learning.
By December, the school opted to operate solely as a mixed-day institution, addressing one of the primary concerns in the case.
On Tuesday, the final sticking point—psychosocial support—was resolved.
The court was informed that the County Government of Nyeri, in collaboration with the Kenya Red Cross, would provide free counseling for affected learners.
However, Justice Magare ordered that the counseling be conducted on school grounds to ensure accessibility and sustained mental health support.
“We are handling this case differently because of the children,” the judge emphasized. “With mental health issues, things may appear calm on the surface, but underlying struggles persist.”
With all parties in agreement, Justice Magare marked the case as settled.
The school will now operate as a mixed-day facility, and the respondents have committed to ongoing counseling services for students who lost their peers in the fire. Each party will bear its own legal costs.
