Ms. Wanuri Kahiu has sued the Kenya Films Classification Board and its Chief Executive Officer Ezekiel Mutua for banning her film.
Together with a lobby dubbed Creative Economy Working Group and Ms Wanuri Kahiu want the High Court to temporarily lift the ban since it was to be submitted to the 2019 Oscars Award as Kenya’s entry to the Best Foreign language film category.
They also want the Kenya Films Classification guidelines 2012 to be declared illegal and that they should be awarded Sh8.5 million as compensation for projected sale from theatrical distribution of Rafiki as well as loss of sponsorship.
According to her Lawyers Waikwa Wanyoike and Sofia Rajab-Leteipan, “If this matter is not certified urgent and heard on a priority basis, it would be rendered nugatory because Ms Kahiu’s film would be left out of the competition.”
Entries for the said award close by September 30 whilst the ban was imposed on April 26.
According to Ms Kahiu and the lobby, the ban on the film is contrary to the freedom of artistic creativity and that they are bound to suffer losses.
In their filed case documents, they claimed that they submitted the original script of the film and were granted a license by KFCB Chief Executive Officer Mutua in February last year.
They also claimed that they obtained an endorsement on the filming license upon revision of the script.
They then submitted that film for examination and rating on April 10 and sought for approval for its exhibition, distribution and broadcast in the country.
“Allowing KFCB’s decision to abide at this stage would render the question of constitutionality of the restriction academic thus defeating the administration of justice,” the lawyers said.
They want some sections of the Films and Stage Plays Act which violate the freedom of expression of artistic creativity to be declared unconstitutional.