KFCB denies attacking creative industry in Kenya

BY PINNAH MOKEIRA

JULY 18TH, 2024

The Kenya Film Classification Board (KFCB) has distanced itself from allegations of attacking the burgeoning creative industry in the county.

KFCB Chief Executive Officer Paskal Opiyo says in affidavit dated July 17 the board is merely exercising its statutory rights by “implementing the provisions of the film and stage play act, chapter 222, laws of Kenya and not introducing any new mandate”.

Image courtesy of Kahawa Tungu.

KFCB issued demand letters on May 22, to content creators including Timothy Kimani alias Njugush, Jackie Vike alias Awinja, Ben Cyco, Eunice Mammito, Makarios Ouma also known as Mwafreeka, Oga Obinna, Abel Mutua, and Terence creative that they must obtain filming licenses from the board before posting their content and distributing it to the public.

Aggrieved by the decision, an activist Fredirick Bikeri petitioned a Nairobi High Court seeking to compel KFCB to review its decision arguing that if the state enforces the directive it will stifle the little growth and progress creatives in Kenya have made.

Bikeri through his lawyer Elkana Mogaka said that the demand by the state will see ridiculously exorbitant fees imposed on Kenyan curatives which are unfair when compared with their contemporaries in other countries.

“The board denies each and every allegation of fact set out in the petition as well as the supporting affidavit,” reads court documents.

Opiyo is apprehensive that suspension of the demand letters served on creative and influencers will be commensurate to the suspension of provisions of the Film and Stage Plays Act, chapter 222, laws of Kenya, which is a valid act and an act of Parliament that has been held to be “valid, lawful, and constitutional”.

The act provides for controlling the making and exhibition of cinematograph films, for the licensing of stage play, theatres and cinemas.

He says the provisions of the film and stage plays act are designed to protect youth, women, and vulnerable adults from exploitation and abuse in the film and broadcast industry.

Opiyo contends that the board issued compliance notices to creatives following a market surveillance which revealed a prevalence of films created and distributed within the republic of Kenya are not submitted to the board for examination, approval, classification and rating, a disregard of the law.

He told Justice Lawrence Mugambi that the board’s mandated to safeguard the public from films or content that tends to prejudice maintenance of public order or offend decency, films which would be undesirable in the public interest and depict women and children in an exploitative or a degrading manner despite the change or progressive of technology.

“Most films, documentaries and or interviews are being exhibited or distributed to the general public through internet platforms,” he said.

“Most film producers were distributing or exhibiting film to the general public through youtube, which is an Ad-supported video on demand (AVoD) platform,” says Opiyo.

Opiyo further said the board has developed the draft film and stage plays (Self-classification) Regulations, 2023 in considerations of the developments in technology and it has been forwarded to the cabinet secretary for onward transmission to the national assembly’s committee on delegated legislation, for enactment.

Justice Mugambi ordered the matter to be mentioned on September 23, for directions.