Kenya Human Rights Commission (KHRC) now wants the Kenya National Drama and Film Festival committee be compelled to allow Butere Girls High School to stage their play “Echoes of War” at the ongoing Kenya National Drama and Film Festival.
The Commission said the students were unfairly barred from participating in the festival despite having qualified through all levels of competition.
In a petition where they have sued the Executive Secretary of the Kenya National Drama & Film Festival Committee, the Cabinet Secretary for Education, the Attorney General, the Inspector General of Police, and the Independent Policing Oversight Authority (IPOA), the Commission says the “the act and omissions are violation of their duty under the constitution to promote national and cultural expression through literature and arts”.
KHRC want the court to allow the students to perform their play in its original script, using their chosen props and décor, under the guidance of their director and assistants, and before an audience no later than April 13,
In the alternative, they want the court to suspend the entire festival until the case is heard and determined.
The Commission further wants the court to order IPOA to furnish a report on the alleged police harassment of the play’s director, former Kakamega senator Cleophas Malala, and the students, which reportedly occurred on April 9 and 10.
They also demanded that IPOA provide all internal investigations or prosecutions relating to the incident.
According to the petition, the students had successfully performed “Echoes of War” from the Sub-County to Regional levels and were cleared by adjudicators to proceed to the Nationals.
However, says the commission, the school principal allegedly attempted to block their participation.
A court sitting in Kisii had already ordered the school to ensure the students participated in the national competition scheduled for April 10.
Despite the court order, the director, Malala, was arrested the day before the scheduled performance and held incommunicado.
The students were later escorted by police to the venue, denied access to props and décor, and forced to perform before an empty auditorium.
When they protested, they were reportedly teargassed and ejected from the venue without explanation.
The Commission argued that the treatment was discriminatory and unconstitutional, especially given that other schools were allowed to perform with full props and before an audience.
“The aforementioned absurd and malicious treatment has only been discriminatorily meted out against the Butere Girls, as all other schools have performed or are due to perform with their chosen props and décor and before an audience,” read the court papers.
They said the children’s rights to education, artistic expression, and dignity have been violated.
The Commission argued that unless the court intervenes, the students will suffer irreparable harm, including emotional distress and the loss of a hard-earned opportunity to perform on a national stage.
They said the petition raises matters of urgent public interest and ongoing rights violations that must be addressed before the festival concludes on April 13.
“The minors thus stand to suffer irreparable damage should the Respondents not be compelled to allow them perform at the national stage in the same manner as all the other contestants,” said KHRC
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