Families of 15 pupils killed during a deadly stampede at Kakamega primary School on February 3, 2020 have been awarded Sh1, 25m each by a Kakamega court.
The school’s board management, County director of education and the Attorney General were sued on behalf of the Ministry of Education and will pay for costs and interest in the case at court rates.
Chief Magistrate Linus Kassan, in his ruling said defendants were 100 percent liable in the case and were jointly and severally liable for minors’ deaths.
The court had that the stampede was caused by a teacher who came out of a classroom and shouted at the children as they left their classrooms to home at 4.30pm.
At this time the children were descending the narrow and dark stairway from the four storey building.
They run in fear, triggering the stampede and trampled on each other, leading to the fatalities a witness told the court.
“In my view, the school management who are responsible for the care of the minors bear the greatest responsibility of ensuring that they children are safe and free from harm.” The Magistrate said.
“They ought to have foreseen any danger that might have arisen in case of such an unexpected event being the care takers of the children during the school going hours. For the above reasons, I find and uphold that the defendants are jointly liable for the minors’ fatal injuries at 100 percent liability,” he said
The suit was filed by Ibrahim Kiverenge Ali, Jerusha Kiverenge, Irene Ambundo, Joice Mabuko on behalf of twelve others who lost their children in the stampede.
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