KHRC seeks court order to allow Butere Girls' School perform 'Echoes of War'

KHRC seeks court order to allow Butere Girls' School perform 'Echoes of War'
A bus belonging to the Butere High School at the Kenya National Drama and Film Festival in Nakuru in April 2025. PHOTO/Screengrab
In Summary

According to the petition, the play's censorship and subsequent ban violate the students' fundamental rights to freedom of expression and access to cultural life.

The Kenya Human Rights Commission (KHRC) has taken legal action against the government to ensure that Butere Girls' High School is allowed to perform their controversial play, Echoes of War, at the ongoing Kenya National Drama and Film Festivals.

The commission filed an urgent petition on Friday at the High Court, seeking a court order to compel the Ministry of Education, the Kenya National Drama and Film Festival Secretariat, and other government bodies to allow the students to perform their play in its original form, including the props and décor chosen by the students and the support of their director and staff.

According to the petition, the play's censorship and subsequent ban violate the students' fundamental rights to freedom of expression and access to cultural life.

KHRC argues that this action represents an unconstitutional suppression of artistic creativity.

"The censorship of the play amounts to unjustified interference with the students' right to freely express their creative ideas," the petition states.

The commission also seeks further orders from the court compelling the Independent Policing Oversight Authority (IPOA) to provide a detailed report on incidents of police harassment and violence that allegedly occurred on April 9 and 10, 2025.

The petition claims that police officers unlawfully disrupted rehearsals, detained members of the drama team without cause, and conducted a crackdown on free artistic expression.

The play's director, Cleophas Malala, along with students and staff of Butere Girls' High School, reportedly faced harassment during these dates.

KHRC's legal team, led by lawyers Kelly Malenya and Haggai Chimei, argues that these actions were discriminatory and malicious, particularly given that the affected students were minors.

The petition states that the students have already suffered prejudice by missing out on an important opportunity to perform at the national festival, which they rightfully earned.

In a bid to prevent further harm, KHRC has requested that the court issue a mandatory order allowing the students to perform by Sunday, April 13, 2025.

If this order is not granted, the commission asks that the court suspend the ongoing festival until the petition is fully heard.

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