Eldoret-based musician and counseling psychologist William Getumbe, known for his controversial song ‘Yesu Ninyandue’, has filed a lawsuit against the Kenya Films Classification Board (KFCB) following the ban of his viral video and a demand for Ksh243,200 in licensing and filming fees.
The legal challenge comes after Getumbe was arrested on March 13, 2024, for failing to comply with KFCB’s regulations on his viral videos, which have been labeled as lewd and blasphemous by critics.
Getumbe’s videos, ‘Yesu Ninyandue-Imejaa’ and ‘Yesu Ninandue-Nyonga’, quickly became a trending topic, leading to widespread media coverage of his work.
However, KFCB issued a demand letter accusing Getumbe of violating Section 4 of the Film and Stage Plays Act Cap 222 by not submitting his videos for age-appropriateness screening before public exhibition and failing to obtain filming permits.
In the demand letter, KFCB ordered Getumbe to pull down his videos and pay Ksh243,200 in outstanding fees, which included Ksh190,000 for licensing, Ksh38,000 for filming, and Ksh15,200 for classification.
Failure to comply within seven days would result in his arrest, which occurred shortly after the deadline expired.
In response, Getumbe filed a petition in the High Court, claiming that KFCB’s actions infringed on his freedom of expression and accused the board of overreaching its mandate.
He argued that KFCB’s reliance on the outdated 1962 Film Act was unjustified in the context of modern content creation and that the classification of his music videos as films was erroneous.
Getumbe’s case, which challenges the extent of KFCB’s authority over internet content creators, is set for judgment on February 20, 2025, following a hearing in which both parties presented their arguments.
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