Former Chief Justice David Maraga has added his voice to the controversy surrounding the performance of a play, ‘Echoes of War’ by Butere Girls High School.
In a strongly worded statement, Maraga took issue with police action against students, condemning the incident as unconstitutional and unacceptable.
“I condemn, in the strongest terms possible, the actions by the police and persons in authority that sanctioned and condoned the acts on students of Butere Girls High School,” Maraga said.
He was referring to the incident during the Kenya Schools and Colleges National Drama and Film Festival in Nakuru, where the students were set to stage their play.
Drama unfolded on Thursday morning outside the Kirobon Girls High School in Nakuru, where the event is being held, after police lobbed teargas to disperse a crowd that had gathered.
They were allegedly protesting against the treatment accorded to the Butere Girls High School drama team that was scheduled to perform.
Butere students were caught in the crowd and were forced to rush back to their bus, and some fell in the process.
The students are said to have boycotted staging their play, demanding for former Kakamega Senator Cleophas Malala's presence.
Maraga described the use of force against the students-minors engaged in a peaceful and educational activity-as “unconscionable” and a “flagrant violation of the Constitution.”
Citing Article 33 of the Constitution which protects freedom of expression and artistic creativity, the former CJ stressed that “no child should be punished or endangered for thinking critically, speaking boldly, or performing creatively.”
He warned that those responsible for what he termed a “heinous violation of students’ rights” would eventually be held accountable.
“The wheels of justice, though they grind slowly, will surely give us the country we deserve,” he said.
Maraga also urged Kenyans to defend the freedoms enshrined in the Constitution, especially for the youth.
“Let us not raise a generation that fears its own voice. Let us protect, nurture, and celebrate the courage of our young people, their voices matter,” he said.
Former Public Service CS Justin Muturi said the events in Nakuru mark a dark and shameful chapter in the country’s history.
He said tough questions must be asked, especially when harmless young girls seem like a threat to the government.
“When a government starts trembling at the sight of schoolgirls performing a play, then we must all pause and ask: what exactly is it running from?
“The events that unfolded in Nakuru, where Butere Girls High School students were tear-gassed for showcasing a piece of theatre, mark a dark and shameful chapter in our national story. What threat does a group of uniformed girls pose to the mighty State? None, unless truth itself has become unbearable to hear,” Muturi said.
He insisted that young people are not enemies of the state and that their voices must not be silenced.
The former Attorney General also called on the Kenya Kwanza administration to protect the children of Kenya, because that is what they were elected to do.
“Our young people are not the enemy. They are the soul of our nation. Their voices must not be silenced; their creativity must not be crushed under the boots of fear. A country that cannot handle a high school play has no business preaching democracy or claiming to uphold constitutional freedoms," he said.
