Koome condemns violations of court orders in Butere Girls drama festival farce
Chief Justice expressed concern over the use of violence against students, emphasising that children are entitled to special protection under the Constitution, the Children Act, and international human rights frameworks.
Chief Justice Martha Koome has condemned the violation of a High Court order at the ongoing Kenya National Drama Festival in Nakuru, where students from Butere Girls High School ended up not participating.
The students were to perform a play, Echoes of War, but ended up singing the National Anthem before storming out in protest.
In a statement, Koome expressed concern over the events, noting that the High Court’s decision, issued on April 3, 2025, in the case Anifa Mango v Principal, Butere Girls High School & 3 Others (Petition No. E006 of 2025), was clear and binding.
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The ruling required the school and festival organisers to facilitate the participation of 50 Butere Girls students in the performance of their play, Echoes of War. The students were to perform their play written by Cleophas Malala titled Echoes of War at the national drama festival.
However, despite the explicit nature of this court order, reports have surfaced indicating that the order was not honoured, leading to an escalation of tensions, including reports of the use of force and violence against the students.
“My attention has been drawn to the deeply regrettable events that transpired today during the ongoing Drama Festival in Nakuru, involving students from Butere Girls High School,” stated CJ Koome.
“What happened today raises grave concerns about the extent to which the orders of the High Court were respected and complied with. It is a foundational principle of our constitutional democracy that all persons and institutions, including State organs, State officers, and public officials, are bound by and must obey court orders,” she added.
In her statement, the Chief Justice expressed concern over the use of violence against students, emphasising that children are entitled to special protection under the Constitution, the Children Act, and international human rights frameworks.
She highlighted the gravity of the situation, stressing that the violation of court orders undermines the rule of law, a core tenet of Kenya’s constitutional democracy.
She reminded the public and state officers that adherence to court orders is not optional but a legal obligation binding all persons and institutions, including public officers and state organs.
“Defiance of court orders not only undermines the authority of the courts but also poses a serious threat to the rule of law, which is the bedrock of our society,” Koome said, further urging state officers and all public institutions to respect the judiciary's decisions.
A wave of criticism erupted across the country after police officers teargassed students from Butere Girls High School and disrupted their scheduled performance at the drama festivals in Nakuru.
The incident, which occurred on Thursday morning, sparked widespread condemnation from human rights groups, legal bodies, politicians, and civil society leaders, who described the government’s actions as an assault on children, creativity, and constitutional freedoms.
Amnesty International Kenya (AI Kenya) condemned the event, calling it a clear violation of children’s rights and freedom of expression.
“What unfolded was not only a shameful abuse of police authority but a direct attack on constitutional freedoms,” said Amnesty International Kenya Director Irungu Houghton.
“Silence is not safety—children must be free to speak, perform, and imagine a different world without the threat of state violence,” he added.
The National Gender and Equality Commission also criticised the police response, calling it both outrageous and traumatic.
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