William Getumbe, an Eldoret-based singer and counseling psychologist, has filed a lawsuit against the Kenya Films Classification Board (KFCB) after the agency demanded that he pay Sh 243,200 in filming and licensing fees.
This legal dispute stems from the release of Getumbe’s controversial songs, “Yesu Ninyandue-Imejaa” and “Yesu Ninyandue-Nyonga,” which sparked outrage for their perceived blasphemous content and vulgarity.
The saga began in early 2024 when Getumbe’s songs went viral on YouTube, quickly gaining traction due to their provocative nature.
Despite the backlash, Getumbe embraced the attention and continued to promote the tracks on various platforms, explaining his creative inspirations in interviews with bloggers and on podcasts. However, the Kenya Films Classification Board soon intervened, accusing Getumbe of violating several regulations.
On February 29, 2024, KFCB issued a demand letter signed by its communications manager, Nelly Muluka Oluoch, acting on behalf of the board’s CEO, Paskal Opiyo.
The letter stated that Getumbe had uploaded audiovisual content on his YouTube channel that had not undergone the mandatory classification process as outlined by Section 4 of the Film and Stage Plays Act, Cap 222.
According to KFCB, none of his videos had been submitted for review to determine age appropriateness, a violation of the law that governs public exhibition of films.
KFCB’s letter gave Getumbe a seven-day notice to pay Sh 243,200, which included Sh 190,000 in licensing fees, Sh 38,000 in filming fees, and Sh 15,200 in classification fees.
The agency also ordered him to take down his videos from YouTube and cease further circulation of the songs until they had been approved by the Board. Failure to comply would result in legal action, the letter warned.
On March 6, 2024, Getumbe filed a petition in the High Court, accusing KFCB of infringing on his freedom of expression and overstepping its mandate. He argued that the 1962 law KFCB was relying on is outdated and not applicable to modern platforms like YouTube and other social media spaces where most content creators operate today.
Getumbe further asserted that KFCB was attempting to regulate content on the internet, something the Act does not specifically address.
In his written submissions, Getumbe stated, “Technology has advanced far beyond the scope of the 1962 law, and regulating content created and shared on social media under such an outdated framework would lead to absurdities and violate my right to freedom of expression.”
KFCB, however, defended its actions, stating that it had received numerous complaints about Getumbe’s videos, which had not been screened or approved. The board maintained that under Sections 12 and 16 of the Films and Stage Plays Act, it has the authority to approve or disapprove any film that may offend decency or disrupt public order.
Justice Lawrence Mugambi is set to deliver his ruling on the case on February 20, 2025
