It was a rainy Sunday morning in March, 2001, when the nation lost scores of students in a fire.Sixty-seven students died on that day at about 1.05am at Kyanguli Secondary School, Machakos County, in one of the country’s worst fires.
Another 21 boys were injured while 70 others survived.Although survivors from the ‘upper dorm’ that had 200 students and parents who lost their children have moved on, they have yet to receive compensation 17 years later.According to the chairman of the Kyanguli bereaved parents association, Benjamin Mutune, the parents of 63 of the students who perished came together and filed a case at the Milimani law courts in Nairobi.
The parents sued the then head teacher, David Mutiso Kiilu, his deputy, Kasyoka Makau, the Teachers Service Commission (TSC), the school’s board of governors and the Attorney General for failing to prevent a felony.
After 16 years, Justice Joseph Sergon ruled that the school management, as the Government’s agent, was negligent as it failed to prevent the fire.“There were two attempts to burn down the school before that day.
The head teacher and his deputy failed to take measures to avert the fire,” the judge said on March 3, 2016.
The court awarded the parents Sh40,950,000 which was broken down as: pain and suffering Sh9,450,000, loss of expectation of life Sh12,600,000, and loss of dependency Sh18,900,000.
The money has never hit the accounts of the parents.If the Government had paid then, each parent would have received Sh650,000, but the accrued interest due to the delay by Treasury to release the money has increased the amount to Sh54 million.
“We have lost almost 10 parents. About a week ago, some of the parents camped outside Parliament Buildings in an attempt to compel the Government to release the money,” said Mutune, who lost his second-born son Lazarus Mutune, who was in Form Four.At the office of the Attorney General, Senior Litigation Officer Charles Mutinda said the matter had been forwarded to the Ministry of Education, which is supposed to provide the funds.However, a source said the ministry was allocated less money and it was trying to get more funds from Treasury, hence the delay.
“We have lost almost 10 parents. About a week ago, some of the parents camped outside Parliament Buildings in an attempt to compel the Government to release the money,” said Mutune, who lost his second-born son Lazarus Mutune, who was in Form Four.At the office of the Attorney General, Senior Litigation Officer Charles Mutinda said the matter had been forwarded to the Ministry of Education, which is supposed to provide the funds.However, a source said the ministry was allocated less money and it was trying to get more funds from Treasury, hence the delay.