A Kakamega court has awarded 1.25 million shillings to the families of the victims who died during the Kakamega Primary School stampede. The incident occurred in February 2020.
Linus Kasaam, the chief judge, ruled in a case where the parents of 15 minors who died sued the state for compensation for the deaths of the pupils, also awarding costs and interest on the suit.
The municipality stated that the victims were children who were in the care of the school management.
Linus said the parents’ evidence that the victims were minors who were in the school’s care was not disputed by the defendants.
In his ruling, Kasaam said school management, which is responsible for the welfare of minors, has a greater responsibility to ensure the safety of students.
Linus Kasaan said the school’s management should have foreseen the danger of babysitting children between school hours. They add that they should always try to avoid any eventuality that might arise at school.
Based on the above reason, the judge considered it necessary to confirm that the defendants are jointly responsible for the death of 15 children.
He said that the fact that accidents happen by themselves is not in itself proof of liability.
The parents, through Ondego Garo Advocates, sued the school board chairman, the Kakamega District Education Officer and the Attorney General as respondents in their suit.
The fifteen victims who died of suffocation are 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 and Junne Nakhumicha.
The parents said their children were healthy and had promising futures to become upstanding citizens of society, but their lives were tragically cut short due to the school’s negligence.
The parents sought compensation for their children for subjecting them to objectionable, dangerous and poorly maintained conditions at the school.
15 victims were between the ages of 9 and 12. They were in standard 4 and 5. 38 others suffered fractures and soft tissue injuries.
Postmortem reports indicate that 15 victims died of asphyxiation after being crushed.
Kakamega County Referral Hospital pathologist Dickson Muchana, who conducted the post-mortem, said the deceased had lung problems caused by pupil congestion during the crush.
