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Proposed Law Aims to Hold School Administrators Accountable for Student Safety

September 12, 2024

School heads whose negligence results in student deaths or injuries could face prosecution if a proposed law is enacted.

A petition submitted to the National Assembly urges lawmakers to create legislation that would hold head teachers and school administrators accountable for failing to ensure student safety.

The petition, led by John Wangai, a public litigation lawyer, and Anthony Manyara, president of the Kenya Universities Students Organisation, advocates for a comprehensive School Safety and Security Act. This proposed act aims to establish strict guidelines to protect students.

The petition calls for imposing heavy penalties on schools that fail to comply with safety regulations. These penalties could include substantial fines and the potential closure of non-compliant schools.

A key proposal within the petition is to hold negligent school administrators criminally responsible for disasters, such as fires, which have become increasingly frequent in Kenyan schools.

Wangai and Manyara suggest implementing mandatory annual fire safety audits for all schools, conducted by certified professionals. The results of these audits would need to be submitted to relevant authorities.

In addition, the petition demands that schools be legally required to install essential safety equipment, including fire detection systems, alarm systems, extinguishers, emergency exits, and other fire prevention measures.

“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 states.

Family members react after visiting the burned dorm room at the Nyeri county’s Hillside Endarasha Academy in Nyeri county on September 6, 2024 after a fire broke out killing 21 children.

The petition also calls for periodic training for teachers, non-teaching staff, and students on fire safety, first aid, and disaster management. This training aims to ensure that everyone is prepared to act swiftly and effectively in an emergency.

Wangai and Manyara are also advocating for the establishment of clear protocols for communication and coordination with emergency services during a crisis.

Furthermore, the petition proposes enacting a law to mandate compliance with structural safety standards for all school buildings, including dormitories, laboratories, kitchens, and other facilities.

The petitioners are pushing for the creation of a monitoring and evaluation system to ensure that schools consistently adhere to safety standards and make necessary improvements. Wangai and Manyara argue that existing laws, such as the Basic Education Act and the Occupational Safety and Health Act, do not adequately address the specific safety and security needs of schools.

They highlight that the absence of clear legal requirements for fire safety audits, mandatory safety equipment, and regular drills has left students exposed to unnecessary risks.

“Enacting specific legislation on school safety and security will create a robust framework for preventing, preparing for, responding to, and recovering from disasters, thus ensuring a secure educational environment,” the petition states in part.

The petitioners hope that this new law will hold schools accountable for student and staff safety, aiming to prevent tragedies like the recent Hillside Endarasha fire in the future.



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