It was a big win for the Butere Girls High School drama team after the High Court ordered the School Principal to recall 50 drama students and facilitate their participation in the National Drama Festivals, set to begin on April 7, 2025, in Nakuru County.

The ruling follows a controversial decision by Chief Principal Jennipher Omondi, who sent the students home after allegedly receiving a directive from State House to bar their play, Echoes of War, from the competition. 

The play, which highlights the struggles of young people globally, was reportedly deemed inappropriate as it could embarrass First Lady Rachael Ruto, an alumnus of the school.

Justice Fridah Okwany ruled in favour of the petitioner, ordering the school to reinstate the students and allow them to compete.

“This matter is coming up on 3rd April 2025 for directions on the Notice of Motion dated 2nd April 2025 before Honorable Justice W. Okwany. It is hereby ordered that the Application is hereby certified as urgent,” she said. 

“That the Application is to be served on the Respondents and be mentioned on 4th April 2025 for directions. Prayers no. 2 and 3 of the Application are hereby granted to preserve the substratum of the Application. Given under my hand and seal of the Honorable court this 3rd April 2025. 

“Penal Notice: Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same.

She further directed both parties to appear in court for further directions.

Despite winning at the Butere Sub-County, Kakamega County, and Western Regional levels, the school was replaced by Vihiga High School, which had ranked eighth in the regional competition.

The decision sparked a legal challenge from Anifa Mango, a former student and thespian from Kisii County, who filed a petition against the school. 

She had argued that a declaration that the decision to bar the Drama Students at Butere Girls High School from performing at the Kenya National Drama Festival was unconstitutional, unlawful, and null and void.

She also sought a declaration that the Respondent be compelled to reinstate the Drama Students at Butere Girls High School’s participation in the Kenya National Drama Festival Nationals.

Additionally, Mango sought a declaration that the Respondent provide the cast and the teachers in charge of the drama club with adequate security during the entire national festival. 

“A declaration that the Respondent facilitated and ensured the students of Butere Girls High School performed the Play in its original form at the National level festival as scheduled. An Order awarding costs of the Petition to the Petitioner. Any other or further orders, writs, and directions this Court considers appropriate and just to grant for the enforcement of the Drama Students at Butere Girls High School’s fundamental rights and freedoms; the enforcement and defence of the Constitution under Article 23 (3) of the Constitution.

Her lawyer, Advocate Ken Echesa, argued that the principal’s actions were illegal, and unconstitutional, and violated the students’ right to freedom of expression and fair administrative action. 

He maintained that the government had no authority to stop a play that had already been vetted and approved by professional adjudicators. 

This is not the first time Butere Girls High School has faced censorship. In 2013, the school’s play Shackles of Doom was banned by the Ministry of Education for allegedly depicting social inequality.

The ban was later overturned by the late Justice David Majanja.