Petition Calls for Prosecution of School Heads Over Fire Deaths.
A proposed law will subject head teachers to criminal prosecution if their negligence causes student fatalities or injuries.
MPs have been petitioned to pass legislation to prosecute head teachers and school officials who fail to safeguard students’ safety.
John Wangai, a public litigation lawyer, and Anthony Manyara, president of the Kenya Universities Students Organisation, ask MPs to pass a comprehensive School Safety and Security Act that spells out harsh measures.
Penalties
They want the law to include severe penalties for noncompliance with safety requirements, such as fines and school closures.
One of the tough measures the petitioners want enacted into law is the prosecution of incompetent school administrators.
School fires are on the rise right now, raising concerns about the safety of students in educational institutions.
Last Thursday night, a fire broke out in a dormitory at Nyeri’s Endarasha Hillside Academy, killing at least 21 youngsters.
History of School Fires
The Nyeri tragedy adds to a long history of school fires that have killed students and ruined property worth millions of shillings.
In 2001, 67 boys died in a fire at Kyanguli Secondary School. In 2022, eight pupils perished in a fire at Kibra’s Moi Girls High School.
St Kizito at Tigania, Mombasa’s Bombolulu Girls, Endarasha Boys Secondary, and Nyeri High School have all experienced major cases.
Following the never-ending accidents, Wangai and Manyara urge that MPs mandate schools to conduct required annual fire safety checks. Certified professionals will conduct the audits, and the results will be submitted to the authorities.
Measures
The petitioners want the legislation changed to require schools to have fire detection systems, alarm systems, fire extinguishers, emergency exits, and other vital safety equipment.
“Schools must conduct regular fire drills and emergency preparedness exercises for students and staff at least twice a year to ensure awareness and readiness,” the petition’s title states.
The petitioners also request that teachers, non-teaching personnel, and students receive frequent training in fire safety, first aid, and disaster management.
Wangai and Manyara urge the law to include explicit procedures for evacuation, communication, and collaboration with emergency services.
“Enact a law to mandate compliance with structural safety standards for all school buildings, dormitories, laboratories, kitchens and other facilities.”
The duo also wants MPs to require schools to “establish a monitoring and evaluation mechanism to ensure adherence to safety standards and continuous improvement of safety measures in schools.”
Safety and security needs of schools
The petitioner noted that the current laws and regulations, such as the Basic Education Act and the Occupational Safety and Health Act, do not fully address the unique safety and security needs of schools, especially concerning the prevention and management of fire-related and other disasters.
The lack of explicit legislative requirements for fire safety audits, mandated installation of safety equipment, regular emergency drills, and structured disaster response methods exposes students and staff to avoidable risks.
Auditor General Nancy Gathungu’s October 2020 study offered a bleak picture of how schools are failing to prevent and contain fires.
The audit found severe weaknesses in secondary schools’ fire safety readiness, emergency response, and disaster management.
Lack of fire safety policies
It showed deficiencies such as a lack of fire safety policies, insufficient fire detection and alarm systems, improperly kept fire extinguishers, a lack of emergency exercises, and insufficient staff and student training on safety measures.
The two authors argued that the identified shortcomings present a serious risk to the lives and well-being of students, teachers, and school staff. They stressed the necessity for the government to implement comprehensive legislation addressing school safety and security.
Gathungu criticized the absence of enforcement and accountability mechanisms, which leads to inadequate compliance with essential safety standards in schools and increases vulnerability to disasters.
The petitioners contended that enacting specific legislation on school safety and security would establish a strong framework for preventing, preparing for, responding to, and recovering from disasters, thereby protecting the right to education in a secure environment.
The assessment revealed that many educational facilities are not built in accordance with required safety standards.
According to Gathungu, several schools have doors that open inwards, so pupils are likely to lock themselves inside as they struggle to get out.
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She said that physical verification indicated that some schools had windows with metal grills, which violated standards, while others lacked doors at each end of the dormitories or properly labeled emergency exits in the center.
Some dorms were found to have doorways shorter than the necessary five feet for ease of escape, which could impede evacuation in the event of a fire, resulting in injuries and deaths.
The audit found that schools did not have the necessary firefighting equipment.
Petition Calls for Prosecution of School Heads Over Fire Deaths.
