CJ Koome warns against disobedience of court orders after attack on Butere Girls

Chief Justice Martha Koome has raised an alarm over disobedience of court orders.

In a statement to the press, Koome stated that the morning incident where Butere Girls students were frustrated over their performance for their play ‘Echoes of War’ was on the backdrop of a clear binding court order issued by the Kisii High Court last week.

“The regrettable events that transpired today at the Kenya National Drama Festival in Nakuru involving students from Butere Girls were against court orders issued in the case between Anifa Mango and Butere High School, which directed the school and the drama organisers to facilitate and ensure the students participate in the national drama festivals,” she stated.

The CJ stated that obeying court orders is not optional and that all persons need to obey the orders.

She added that 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

“What transpired today raises grave concerns about the extent to which those orders of the High Court were respected and complied with. I wish to make it clear to State organs, State officers, and public officials that obeying court orders is not optional; we are bound by and must obey court orders,” she said.

Koome reiterated that it is a violation of the Constitution and the Children’s Act, and International Human Rights to use force against school-going children.

Earlier, Emeritus Chief Justice David Maraga also condemned the mishandling of the minors as he stated that the 2010 constitution guarantees every citizen the right to freedom of expression.

Maraga stated that the authorities involved should remember that the wheels of justice shall soon catch up with their actions.

“Article 33 of the Constitution of Kenya 2010 guarantees every person the right to freedom of expression, including artistic creativity. No child should be punished or endangered for thinking critically, speaking boldly, or performing creatively,” he stated.

“The authorities responsible for this heinous violation of Students’ rights must remember that in due time, they will be held accountable. The perpetrators will be brought to book someday. Let us not raise a generation that fears its voice, and especially when they are Constitutional guarantees,” he added.

Earlier in the day, Butere Girls students cited frustration from the Ministry of Education and Police officers, which led them not to present their stage play at the ongoing National Drama festivals.

They refused to perform their play, ‘Echoes of War,’ at Jones Lions Academy in Nakuru, demanding that their director, Cleophas Malala, be present.

The students performed the national anthem before bravely explaining to the adjudicators their reasons for not performing their play.

Before being forced to go to the stage, the students were denied access to their props, décor, and sound system, among others.

They were set to perform the controversial ‘Echoes of War’ play, which speaks about governance in the country and the 2024 Gen Z protest.

Viral videos on social media show the girls running as they chanted, wanting their director, as they added that they had been harassed by the police.

“We want our director,” they shouted.

“The police harassed us, they took us to the stage with nothing. We sang our national anthem and said we are not going to perform,” one of the girls stated.

The high court allowed the Butere Girls High School to perform at the National Drama festival after they had been controversially banned from staging the play, and students were asked to go home.

The students got back to school over the weekend before making their way to Nakuru, where the event is taking place.

Yesterday, Malala claimed that there were orders from the state house which the education officers were using to frustrate the girls and him.