CJ Koome condemns police who lobbed teargas on Butere Girls students

Chief Justice Martha Koome attends a meeting with the executive council of the Kenya Magistrates and Judges Association (KMJA) at the Supreme Court in Nairobi, March 13, 2024. | PHOTO: @CJMarthaKoome/X
On Thursday morning, police officers lobbed tear gas at the students who were leaving the National Drama Festivals held at Kirobon Girls High School in Nakuru. At the time, the students declined to perform the play and left the stage, heading directly towards the school bus,
In a statement, CJ Koome voiced concerns that the officers violated the welfare of the children, who enjoy special protection under the Constitution, the Children's Act and international human rights instruments.
She also questioned whether the officers respected and complied with the High Court orders that directed the organisers of the Kenya National Drama Festivals to ensure that the students perform the play.
"What transpired today raises grave concerns about the extent to which those orders of the High Court were respected and complied with. It is a foundational principle of our constitutional democracy that all persons and institutions including State organs, State officers, and public officials, are bound by and must obey court orders," the statement read in part.
"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."
She made it clear that all state organs and state officers are mandated to respect court orders and uphold the rule of law.
"Any deviation from this path erodes public confidence in our institutions and poses a danger to our democracy. I therefore condemn today's events as they deviate from the path of the rule of law and constitutional duty to protect the rights of all especially our children, in every sphere of public and private life," she added.
The Echoes of War play has been at the centre of controversy over its theme which is based on Gen Z uprising against the government's oppression.
On Wednesday night, police officers blocked the former UDA Secretary General Cleophas Malala, the play's director, from accessing the school's premises. The politician was taken into custody and released the following day.
In an attempt to clear the air, Education CS Migos Ogamba defended the government, citing that the students declined to perform the play on stage.
He also condemned schools that invite non-teachers to direct the plays, pointing out that they violate the Teachers Service Commission (TSC) regulations.
"We cannot allow people to weaponise school children against authority. Let political wars be fought by politicians outside learning environments," CS Ogamba said.
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