NAIROBI,Kenya – As a Commission of Jurists, we strongly condemn the disqualification and subsequent mistreatment of students from Butere Girls High School following their anticipated performance of the play “Echoes of War” at the 2025 Kenya National Drama and Film Festival. It is a direct affront to freedom of expression, including freedom of artistic creativity and academic freedom.
The play, which critically explored issues of governance and leadership, is a legitimate exercise of freedom of expression as guaranteed by Article 33 of the Constitution of Kenya, 2010. The actions taken against the students by the Ministry of Education, the Drama and Film Festival Adjudicators, the National Police Service and the Kenya National Drama and Film Festival Secretariat constitute a blatant violation of not only this constitutional right but also Article 43(1)(f), which guarantees the right to education, including meaningful participation in co-curricular activities.
Art has historically played a pivotal role in holding the government accountable, and political satire, whether in the form of theater, music, cartoons, or other creative expressions has been one of the most effective tools to challenge corruption, abuse of power, and societal injustices. However, they have in most occasions targeted, censored, and, in some cases, criminalised by government authorities.
This act of censorship is an attack on the voices of the youth, who are among the most vibrant, dynamic, and innovative creators of change in our society today. The government’s actions in restricting the play Echoes of War send a harmful message to youth across the country: that their voices, their stories, and their creativity are not welcome in the national discourse if they challenge the status quo or raise uncomfortable truths.
We commend the High Court’s intervention on April 9, 2025, which rightly affirmed the students’ constitutional rights and ordered their inclusion in the national competition. This judicial directive served as a crucial reminder that the rule of law must prevail over administrative overreach.
We are deeply concerned by the unnecessary and unlawful use of force by the police officers to disperse the crowds using tear gas. We are further concerned that tear gas was lobbied to disperse the crowds in the presence of Children at the drama festival, which undermines the rights and protection of a child as enshrined in Article 53 of the Constitution of Kenya and the Children’s Act 2022.
We fully endorse the statement issued by the Crime Journalists Association of Kenya on the recent harassment of journalists during the coverage of the events at Kirobon Girls High School in Nakuru County on April 9 2025. We stand in solidarity with all the journalists and join them in demanding for immediate actions from the government to promote free press.
ICJ Kenya calls upon:
• The Ministry of Education should issue a public apology and commit to safeguarding artistic freedom within our schools.
• We urge the Parliamentary Committee on Education to initiate a thorough and independent investigation into the actions of allofficials involved and to ensure accountability for any violations of the law.
• We further call for a national dialogue on this particular incident because it buttresses the underlying issue of censorship that has
been creeping in through the use of various actors within the National Police Service and also members of the executive. • Law enforcement agencies are to respect constitutional safeguards when conducting arrests.
Conclusion
No child should be punished for thinking critically or expressing themselves artistically. Kenya must nurture rather than silence its young minds. ICJ Kenya stands in solidarity with the students of Butere Girls High School and reaffirms its commitment to protecting constitutionalism, the rule of law, and human rights in all spheres of society.
