The Kenya Film Classification Board (KFCB) suffered yet another blow on Thursday after the High Court ruled that the banned controversial film Rafiki be played in court as exhibit.
“I am satisfied the petitioners prayers are merited and should be granted for the respondents to exhibit,’’ said Justice James Kamau in his ruling.
This means that the film will be played in court for it to determine the circumstance’s in the petition.
The Board had opposed the film director’s application to have the film played in court, on grounds that the exhibition of the film will be in effect adducing evidence without courts permission.
Through its director Ezekiel Mutua, the board argued that exhibition of the film will not be necessary to the determination of the constitutionality of the Films Act.
However, the film director, Wanuri Kahiu, argued that it would be proper for the court to watch the film fully to determine the circumstances raised in the petition.
Kahiu argued that the ban on the said film is contrary to the freedom of artistic creativity and that they are bound to suffer losses.
In April last year, KFCB banned the movie prior to its premier at the Cannes Film Festival on grounds that it promotes lesbianism.
In September, the High Court suspended the ban for seven days to allow it a chance to qualify for an Oscars nomination.
The case will be mentioned on July 24, 2019.
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