Parents of the 21 children who died in the Endarasha Academy fire in 2024 have sued the school together with the state, backed by the Kenya Human Rights Commission.
In a statement issued on Tuesday, September 23, the families accused the government and school authorities of negligence of duty, arguing that the tragedy was preventable and resulted from the state’s failure to enforce safety standards in schools.
According to the petition filed at the High Court in Nyeri, the dormitory where the boys aged 10 to 14 perished was built of wood and lacked basic fire safety measures.
The families argue that despite earlier government audits warning of widespread fire risks in boarding schools, the institution was still allowed to operate unchecked.
The petitioners detail being subjected to psychological torment in the aftermath of the tragedy, receiving little to no information from authorities, being denied choice of mortuaries, and being forced into mass burial on state-determined dates.
The families 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.
“The heaviest caskets are the smallest,” the petition states.
The devastating fire occurred in September 2024 at Hillside Endarasha Academy Primary School in Nyeri County when a midnight blaze tore through the school dormitory.
Initially, authorities confirmed that 17 students lost their lives when the fire broke out around midnight while most pupils were asleep.
The children, aged approximately 9 years, died when flames rapidly engulfed their dormitory. Police Spokesperson Resila Onyango had indicated fears that more bodies might be recovered from the scene, with search operations continuing amid concerns about missing students.
Fourteen other students sustained serious injuries and were rushed to nearby hospitals for treatment, with medical teams working to stabilize those in critical condition.
The death toll eventually rose to 21 after several injured students succumbed to their burn injuries while receiving medical care.
Since the tragedy occurred, the affected families have been actively pursuing answers about what happened to their children.
Three weeks prior to filing the lawsuit, the parents expressed frustration over what they described as a year-long wait without receiving responses from authorities.
The families accused both the government and school administration of abandoning them following their children’s burial, noting that they were not even provided with postmortem reports. They argued that releasing investigation findings was essential for ensuring accountability, regardless of whether the fire was accidental or deliberate.
The parents emphasized that their sons had been high achievers whose promising futures were cut short by the mysterious fire, and they remained determined to seek the truth.
Their persistence in demanding answers reflects their belief that only full disclosure of investigation results can provide the closure they desperately need.
