Almost a year after the tragic dormitory fire at Hillside Endarasha Academy in Nyeri claimed the lives of 21 boys, grieving parents were left devastated once again as the long-awaited public inquest failed to begin, this time due to missing investigation files from the Directorate of Criminal Investigations (DCI).
Families had gathered at the Nyeri Law Courts on Thursday, hoping for progress in the pursuit of justice. Instead, they were informed that the DCI had not submitted the critical documents related to the September 2024 blaze, forcing the court to postpone the proceedings.
“This delay is deeply painful,” said Raphael Okubo, the lawyer representing the victims’ families. “The parents were not even notified about the inquest. We came here out of vigilance, and now we’re formally requesting to be included in the process and to be given access to all evidence the state intends to rely on. Justice must not only be done, it must be seen to be done.”
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The inquest, recommended by the Office of the Director of Public Prosecutions (ODPP), was announced by Interior Cabinet Secretary Kipchumba Murkomen during the Jukwaa la Usalama forum in Nyeri on August 26. It was meant to offer clarity on the circumstances surrounding the fire and determine accountability.
However, the families alongside the Kenya Human Rights Commission (KHRC) and the Elimu Bora Working Group have already taken legal action.
In September, they filed a constitutional petition against the school’s proprietors, the National Education Board, Nyeri County education officials, and the Education Cabinet Secretary, citing negligence and failure to safeguard the lives of learners.
David Karani of the Elimu Bora Working Group expressed frustration over the stalled process. “These families gave everything, from time, testimony, and trust. Why is it taking over a year to produce a conclusive report?”
The petitioners argue that their constitutional right to human dignity, as enshrined in Article 28, continues to be violated by the state’s failure to disclose the findings of the investigation.
Okubo clarified that the inquest, now rescheduled for November 20 before Magistrate Maryanne Gituma, will proceed independently of the constitutional petition.
By Masaki Enock
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