therefore, declare this case null and void. '' This was the situation on
Wednesday 29th April 2020 when Honarable Justice J. A Makau of the High Court
dismissed a petition by Wanuri Kahiu challenging the decision to ban the
gay-themed movie '' Rafiki'' by KFCB back in April 2018.
was banned on the grounds that it promoted homosexuality in the country where
gay sex is a criminal offense.
Kahiu, the film producer, appealed against the ban, arguing it was against the
freedom of expression and freedom of speech in Kenya. She also added that '' We
believe in our constitution and are glad to defend it. We will appeal!. '' This
gives the film fans a ray of hope.
ruled out the case on the grounds that the petitioner had failed to prove how
the existence of the sections of the law violated the rights of expression. The
Judge further stated that the jurisdiction of the court was prematurely
invoked, and the discretion of the KFCB to restrict 'Rafiki' is constitutional.
was received by the KFCB CEO, Dr. Ezekiel Mutua, with a sigh of relief stating
on his twitter page that '' KFCB wins case on Gay film petition 313/2018.
Wanuri Kahiu vs. KFCB has now been delivered. '' He also went ahead and wrote
'' this case was not about human rights. It was about gay content, and if
filmmakers can glorify homosexuality in their work. ''
always respect and uphold the constitution of Kenya 2010. Unfortunately, today
it has lost an opportunity to protect creatives from government censorship and
turn the tide by creating a free space to allow the exchange of ideas.