A High Court document has revealed that Education Cabinet Secretary Julius Ogamba's remarks that the Echoes of War script was altered are conflicting.
While defending the move to block Butere Girls from performing at the national level, the CS had alleged that the play's script had been altered to include political undertones that were not originally presented at the sub-county level.
"The content of the play was altered along the way. That is how, at the national level, it was not allowed to proceed. When they went to court, the court allowed them to present the original, not the altered [version]," the CS alleged.
However, according to court documents presented at the High Court in Kisii, Judge Wilfrida Okwany found that the script had not been altered.
"That the Principal, Respondent herein, acting on verbal instructions from an undisclosed source, has refused to allow students to perform at the national level festival, claiming that the play has political undertones, which it does not," the ruling delivered on April 8 revealed.
The petition had been filed by alumni of the school, who accused the school principal of blocking the students from rehearsing and performing, acting on instructions from a higher power.
"I therefore find that the explanation given by the Interested Parties’ deponent, for excluding Butere Girls' from participating in the National Festival and substituting it with a school that ranked in the 9th overall position is neither convincing nor supported by the rules governing the said Festival," the ruling continued.
The court found that the play had credible actors, the theme was relevant to current global issues, and it showcased excellent creativity.
The play, written and directed by former Kakamega Senator Cleophas Malala, explores themes of governance and youth empowerment.
However, Ogamba claimed that alterations made to the script introduced narratives deemed unfit for children, which led to its restriction at the national level.
The controversy escalated when students refused to perform, citing frustration over being denied access to their director.
Additionally, heavy police presence was deployed at the festival venue, causing chaos, the use of force, and the deployment of tear gas canisters. This led to injuries sustained by journalists and others who tried to access the venue.
The situation sparked public debate, with some arguing that the government was suppressing artistic expression.
