Chief Justice Martha Koome has issued a stern rebuke over the violation of court orders during the suppression of Butere Girls High School’s play at the ongoing Kenya National Drama Festival in Nakuru.
In a strongly-worded statement on April 10, 2025, the Chief Justice expressed her deep concern over the events that transpired on Thursday morning when students from Butere Girls High School were prevented from performing their play, Echoes of War, despite a clear and binding High Court ruling issued on April 3, 2025.
The court had directed the Ministry of Education and the Drama Festival organizers to ensure that the 50 students from the school were allowed to participate in the national drama competition.
“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,” Koome said.
She emphasized that the disobedience of court orders undermines the authority of the judiciary and poses a grave threat to the rule of law in Kenya, which is vital to the country’s constitutional democracy.
The Chief Justice also expressed concern over the use of force against the students, describing such actions as a violation of the rights and welfare of children.
She highlighted that children are entitled to special protection under the Constitution, the Children Act, and international human rights frameworks.
“Such actions raise serious constitutional questions about respect for the dignity, rights, and welfare of children, who enjoy special protection under the Constitution, the Children Act, and international human rights instruments,” Koome stated.
Koome made it clear that any deviation from respect for court orders is unacceptable and warned that such actions threaten the nation’s democratic fabric.
“I wish to make it clear to all state organs, state officers and public officers that respect for court orders is not optional. It is a constitutional imperative that safeguards our collective commitment to the rule of law, and constitutionalism. Any deviation from this path erodes public confidence in our institutions and poses a danger to our democracy,” Koome affirmed.
The Chief Justice further reiterated her commitment to ensuring social transformation through access to justice, asserting that no child should ever be punished for expressing themselves artistically or engaging in critical thought.
“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,” Koome stated.