Kahiu v Creative Economy Working Group & 6 others (Civil Appeal E378 of 2020) [2026] KECA 132 (KLR) (23 January 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 132
- Citation
- [2026] KECA 132 (KLR)
- Decided
- 23 January 2026
The appeal succeeds only to the extent that it declares the provisions of section 9(1) of the Film and Stage Plays Act and section 16(3) of the Film and Stage Plays Act to be in contravention of the Constitution and, therefore, null and void.
Facts
The appellant, Wanuri Kahiu, submitted the original script of the film 'Ra'ki' to the Kenya Film Classification Board (3rd respondent) for examination and rating. The 3rd respondent directed the appellant to edit the film by 18th April, 2018 and remove 'offensive classifiable elements' before resubmission for classification.
Issues
- Whether the court had jurisdiction to hear and determine the matter?
- Whether the Film and Stage Plays Act, Cap 22 Laws of Kenya and Kenya Film Classification Guidelines 2012 violated the appellant's right to freedom of expression guaranteed under Article 33 of the Constitution of Kenya and whether the same were illegal, invalid and null and void?
- Whether the restriction of the Ra'ki by the Kenya Film and classification Board was made irrationally, arbitrarily and un procedurally and contrary to the law particularly Article 47 of the constitution and relevant provisions of the Fair Administrative Actions Act?
- Whether the petitioners were deserving of the orders and remedies sought?
Reasoning
The court found that the limitations under Article 33(2) of the Constitution are not exhaustive and other limitations can be imposed as long as they are in accordance with the Constitution.
Outcome
The appeal is successful.
Orders
- The provisions of section 9(1) of the Film and Stage Plays Act that permit the use of force other than in circumstances where the safety of any person or property is endangered or where there is cruelty or unnecessary suffering to an animal are in contravention of the Constitution and, therefore, null and void.
- The provision of section 16(3) of the Film and Stage Plays Act that permits the Board to retain in its possession excised parts of a film is in contravention of the Constitution and, therefore, null and void.
- The appellant is at liberty to appeal against the decision of the Board of 26th April 2018 under the provisions of section 29 of the Film and Stage Plays Act within 30 days of this judgment.
- Each party shall bear its own costs in respect to the Petition in the High Court and this Appeal.
Authorities cited
Legislation (2)
- Film and Stage Plays Act
- Kenya Film Classification Guidelines 2012
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