The banned Rafiki film can be played in court after a ruling by Justice James Makau.
Rafiki, which is Swahili for a friend, tells the story of two young women who fall in love.
Makau said on Thursday the exhibition of the film is necessary and it will not cause any delay in the disposal of the petition.
“I find justice demands litigants be given an opportunity to present their cases without application of undue procedural technicalities,” he said.
The film by Wanuri Kahiu was banned on April 26, last year, by the Kenya Film Classification Board under the Films and Stage Plays Act as well as the KFCB guidelines.
Wanuri contested the ban in court. She urged the court to watch the two-hour film before it proceeds to hear and determine her petition. She submitted that it would be proper for the court to watch the film fully to determine the circumstances raised in her petition, a request strongly opposed by KFCB chairman Ezekiel Mutua.
“The court, after seeing the film, will be able to make a decision based on an informed position, as the film is in the middle of the question to be determined and is an integral part of the petition,” Wanuri said.
In the case, she is contesting the constitutionality of the ban on grounds that it violated her right to freedom of expression. She wants the court to determine whether the decision to ban the film was a violation of her rights under the Constitution.
“I fear the act and guidelines under which the film was banned are a threat to free speech and media freedom. The decision to restrict the film was arbitrary, unconstitutional and a violation of my right to freedom of expression which includes freedom of artistic creativity,” she said.
(Edited by R.Wamochie)
