Teargassing Butere Students is a Clear Violation of Freedom of Expression, Former CJ Maraga says

The Former Chief Justice Emeritus Justice David Maraga has through a statement to the public condemned todays televised teargassing of Butere Girls School students who had boycotted their play performance at National Drama Festivals in Kirobon Girls High School in Nakuru citing denial of audience access and denial of public system for performance.

The “Echoes of War” play by the Institution scripted by former Kakamega Senator Cleophas Malala, delves deeply into themes of governance and highlights 2024 Gen Z-led protests, has drawn considerable attention and scrutiny from the public and political figures as well as key stakeholders in the government.

In a statement posted on his official X account, the former CJ has indicated that the use of force against minors—children who were engaging in a peaceful, creative, and educational activity—is not only unconscionable but also unconstitutional and therefore the police’s involvement with force is totally unacceptable.

“It is a flagrant violation of the Constitution. Article 33 of the Constitution of Kenya 2010 guarantees every person the right to freedom of expression, including artistic creativity. No child should be punished or endangered for thinking critically, speaking boldly, or performing creatively,” he stated.

The act which seemed to be a way of silencing students and subjecting them to fear Maraga claimed is a direct assault on their constitutional rights.

“The authorities responsible for this heinous violation of Students’ rights must remember that in due time they will be held accountable. The wheels of justice though they grind slowly, will surely give us the country we deserve. The perpetrators will be brought to book someday,” he said.

Justice Maraga who has also shown interest in 2027 presidential elections has asked the public and government at large to not raise a generation that fears its own voice, especially when they are Constitutional guarantees but strive to protect, nurture, and celebrate the courage of the young people since their voices also matter.