Parents of pupils killed in stampede to sue state for ignoring Sh1.25m court award

Western
By Bernard Lusigi | Sep 23, 2025

Parents of the 15 pupils killed during a stampede at Kakamega Primary School in 2020 address the Press in Kakamega town. [Benjamin Sakwa, Standard]

Parents of the 15 pupils who died during a stampede at Kakamega Primary School now want to sue the government for contempt for failing to pay each pupil Sh1,250,000 court award.

Addressing the Press in Kakamega town, the parents accused the Ministry of Education of failing to honour the award by a court two years ago.

"We will be going to court to sue the state for contempt. It is now two years since the court delivered the ruling, and it seems that this government does not respect the rule of law as it purports to Kenyans, this is total disregard of the rule of law," said Ibrahim Kiverege, a parent and victim.

"We have been going to the offices of the Ministry of Education, and what we are told is that the government has no money, and yet we see the government dishing out money through empowerment programmes and yet the souls of our innocent kids are demanding justice from their graves," he added.

Kiverenge demanded an assurance from the government over the court award.

"We want to put this matter to a close, and the government should tell us whether we will be paid or not. The government is taking parents in circles, that we should wait, the last time we were told we wait for this financial year, and when we ask, we are being told the government has no money," he said.

Pamela Kageha, another parent, urged President William Ruto to walk the talk and release the compensation for the 15 students.

"Our President, when he was then Deputy President, visited the school and mortuary, and he promised that the government would help the bereaved families, but nothing has been done. Now that he is the head of state, why can't he direct the payment to be made if he truly believes that this is a country of rule of law,” said Kageha.

She accused the government of betraying innocent souls.

"This is a big betrayal by the government. We are witnessing the formation of many task forces that result in nothing. Recently, we saw the President form a task force that will ensure the anti-government protests are being compensated and yet our case is being looked upon. We want the same task force to be formed to ensure we are being paid," said Kageha.

"Our children are demanding justice. We are seeking the compensation for the spirits of our children to rest in peace and nothing else," she added.

Dalmas Masai said their plea is for the government to follow the law and nothing else, since compensation cannot be equated to the life of a person.

"We are in pain and our relatives have been thinking that we got the money and ate in silence. I want to urge our President to intervene and ensure we get justice. During the tragedy, you visited the families, and if indeed you sympathised with us as you promised that the then government of former President Uhuru Kenyatta would stand with the families, then you have the opportunity to actualise the promise," said Masai.

In 2023, Chief Magistrate Linus Kassan awarded each learner Sh1,250,000 after finding that the school's board management, County Director of Education and the Attorney General, who had been sued on behalf of the Ministry of Education, bore 100 per cent liability in the case and were jointly and severally liable for the minor's deaths.

At the time of the stampede, the learners were descending the narrow and dark stairway from the four-storey building.

Witnesses told the court that children started running in fear, triggering the stampede that led to loss of lives.

Three parents filed a suit on behalf of twelve others who lost their children in the stampede. 

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