The Kenya Human Rights Commission (KHRC) on Friday, April 11, 2025, moved to court seeking to have Butere Girls be allowed to stage ‘Echoes of War’ play at the Kenya National and drama festival with the assistance of their director Cleophas Malala and his assistants and in the presence of an audience.
KHRC also wants the school to be allowed to stage the play in its original script, with use of their chosen props and décor but within the appropriate time in accordance with the set program not later than Sunday, April 13, 2025, failure to which a conservatory order should be issued to suspend the ongoing drama festival program.
“In the alternative, a conservatory order be issued suspending the ongoing Kenya National and drama festival set to end on Sunday, April 13, 2025, until the petition filed is heard and determined,” part of the notice of motion read.
Further, the commission also wants the Independent Policing Oversight Authority (IPOA) to be compelled to give the court a report of police who harassed and dramatically arrested the director of the Butere Girls’ play, Cleophas Malala and the drama students.
“A mandatory order be issued to the 5th respondent (Independent Policing Oversight Authority) to furnish the court with a full report documenting police harassment and violence meted on Mr. Cleophas Malala, the play director and Butere Girls High School drama students on April 9, 2025,” part of the application read.
Additionally, KHRC wants IPOA to be compelled to provide the court with all internal enquiries, investigations and prosecutions relating to the police harassment and violence meted on Malala.
In their petition, KHRC states that the rights of the 50 Butere Girls students who were supposed to have performed the ‘Echoes of War’ play have been violated and are affecting the children under Article 53.
They also state that the aforementioned absurd and malicious treatment was only discriminatory meted out against Butere Girls as all other schools have performed or due to perform with their chosen props and décor and before the an audience.
On the eve of the date of performance that is on Wednesday, April 9, 2025, Malala was arrested and detained when he went to assist the students rehearse in preparation of the said performance and competitions.
On Thursday, April 10, 2025, when the students of Butere Girls appeared to perform, they were escorted by police officers and were denied use of décor and props and were to perform without an audience.
However, the students protested and walked out, prompting the police officer to tear-gas them and escort them out of the venue, leading to uproar from leaders and Kenyans across the country condemning the act.