• Court says banning the film was intended to protect Kenyans from moral decay.
• Director Wanuri claimed the ban on Rafiki was a violation of freedom of expression.
Image: FILE
The High Court has upheld the ban on Rafiki, a controversial film about two girls in love.
The state says it promotes immorality and lesbianism. The court said the ban protects Kenyans from moral decay.
The Creative Economic Working Group said it would appeal.
Why the ban is good
Justice James Makau said the ban does not in any way violate artistic freedom of expression but instead protects society from moral decay.
On Wednesday the court dismissed a suit filed by film director Wanuri Kahiu challenging the constitutionality of the ban by the Kenya Film Classification Board.
She said it violates freedom of expression guaranteed by the Constitution.
In a judgment, Justice James Makau said the discretion exercised by the KFCB to prohibit the screening of Rafiki was constitutional.
He said the ban does not in any way violate artistic freedom of expression but instead protects society from moral decay.
“The jurisdiction of the court was prematurely invoked. The petitioners failed to prove their case. The petition is without merit,” he said.
On April 26, 2018, Wanuri’s film was banned by the KFCB, saying it violated the Film and Stage Plays Act as well as the board's guidelines.
It was, however, shown at the prestigious Cannes Film Festival. Entry required it to have been screened in Kenya and so it was shown very briefly as theatres were sold out.
Wanuri wanted the court to determine whether the prohibition was a violation of her rights under the Constitution.
“I fear that 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.
But board CEO Ezekial Mutua said screening the film would violate the law and attract severe penalties.
Mutua said the agency banned the film because it contains homosexual scenes; homosexual acts are illegal in Kenya. However, the content is far from explicit. Rafiki does not include sex scenes.
The Creative Economic Working Group (CEWG) expressed extreme dissatisfaction after the court ruled that freedom of expression is not infringed by the KFCB and other laws.
CEWG said it would appeal.
It is a consortium of civil society organisations and institutions that campaigns for legislative and policy reforms in the creative sector for the advancement of culture, arts and media in Kenya.
(Edited by V. Graham)