- Say their children were healthy, hard-working with promising and bright futures, only for their lives to be tragically cut short due to the school's negligence.
- They cite the large population of the school, narrow and dark staircase incapable of accommodating the population, and failure to meet safety standards.
Image: HILTON OTENYO
Prior to their death, the children used to support their parents and they had promising futures from their report forms and academic activities. The plaintiff, therefore, shall claim for the losses suffered by the estate of the deceased minorsCourt papers
The case by parents demanding compensation for the 15 pupils killed in the February 4, 2020, Kakamega Primary stampede will be heard next June.
The matter came up for direction on Monday before magistrate D Alego who fixed the hearing on June 6.
The dead children are listed as Jane Kiverenge, Bertha Munywele, Salima Olaso, Verm Prince, Samuel Simekha, Fidel Atamba, Catherine Aloo, Joseph Mutsami, Venessa Andeso, Antonatte Khayumbi, Lydia Laventa, Prudence Eliza, Simon Waweru, Nicole Achola, Junne Nakhumicha.
The children were aged between nine and 12 and were in Std 4 and 5. Thirty-eight others suffered fractures, grave and soft tissue injuries.
The parents have named the school’s board chairman, the Kakamega county education officer and Attorney General as respondents.
The parents, in court papers filed through Ondego Garo Advocates, want the government to compensate their children for exposing them to defective, dangerous and poor conditions at the school.
They say their children were healthy, hard-working with promising and bright futures, set to become important citizens, only for their lives to be tragically cut short due to the school's negligence.
“Prior to their death, the children used to support their parents and they had promising future from their report forms and academic activities. The plaintiff, therefore, shall claim for the losses suffered by the estate of the deceased minors,” the papers read.
The parents argue that the accident arose solely due to the negligence and failure to employ duty of care by the respondents.
I find that there is no clear criminal act that has been committed that is evident. No persons have been mentioned in connection with the stampede as well. This was an unfortunate event and innocent children lost their livesDCI report
They cite the large population of the school, narrow and dark staircase incapable of accommodating or serving the population, and failure to meet safety standards.
They also list the failure by the respondents to comply with the laid down regulations on the safety of the children under their care and having steep stairways in disregard to the ages of the learners, especially the younger ones.
They said the respondents were liable for the acts of omission and negligence that caused the pupils' deaths by exposing them to dangerous, defective and deplorable conditions.
The suing parents include Ibrahim Kiverenge and his wife Jerusa, Irene Ambundo, Joyce Mabuko, Zaituni Bakari, Laventa Andeso, Grace Ayako, Diana Atamba, Lucy Mugamani and Jacob Mutsami, Daniel Otiti, Mactildah Musambi and husband Feustus Khayumbi, Mark Barasa and Fridah Anindo, Francis Kuria and Evelyn Njeri, Dalmas Mayasi and Juliet Wishenga.
All the parents are listed as witnesses.
Kiverenge and Ambundo said in their joint statement on behalf of the other parents that their efforts to seek redress from the school and the county education office have failed, making the suit necessary.
They say despite suffering mental trauma for losing their children, the school has never moved in to console them, follow up or compensate them, leaving them with legal action as the only option.
Postmortem reports indicate the deaths of the 15 were caused by asphyxia and respiratory failure.
In June last year, the Director of Public Prosecutions recommended a public inquest to establish the cause of the stampede.
Prosecution counsel Erick Mutua said in a report in the file forwarded by the Western DCI office that the matter should be placed before a magistrate for formal closure by way of a public inquest.
“I find that there is no clear criminal act that has been committed that is evident. No persons have been mentioned in connection with the stampede as well. This was an unfortunate event and innocent children lost their lives,” he said.
Mutua said people who recorded statements did not directly witness the incident.
Edited by Josephine M. Mayuya