The high court has upheld the ban on controversial Kenyan film Rafiki.
In a verdict issued on April 29th, Justice J.A. Makau said that the film contradicts the Kenyan cultural beliefs.
“Freedom of expression is not absolute but subject to limitations under Article 24, and the discretion of the Kenya Film Classification Board to restrict @rafikimovie is constitutional,” he said
Kenya Film Classification Board (KFCB) Ezekiel Mutua could not hide his joy after the Wednesday announcement and took to social media to celebrate.
“We won against Kenya Breweries on beer adverts during the watershed period. We won against betting companies and now we’ve won a landmark case against a consortium of gay sympathizers on the gay film Rafiki by Wanuri Kahiu. I thank God and all the lecturers who taught me law!” he said.
The producer of the film, Wanuri Kahiu however said that she intends to appeal the ruling all the way to the Supreme court should it be necessary.
“We are disappointed of course. But I strongly believe in the constitution and we are not going to give up. I think it is very important for us to define what freedom of expression means in Kenya as per our constitution. We are going to appeal. The ruling today is not a true reflection of what the constitution says,” she said
Rafiki was banned by KFCB in April 2018 on the grounds that it promotes homosexuality in a country where gay sex is a criminal offence.
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