KFCB Declared a ‘Lame Duck’ in Landmark Ruling Over Digital Content Regulation

In a landmark ruling that is already being hailed as a watershed moment for Kenya's digital content industry, the Milimani High Court has decisively clipped the wings of the Kenya Film Classification Board (KFCB), effectively stripping it of its authority to regulate social media content.

The case, brought forward by controversial gospel-turned-gengetone artist William Getumbe—widely known for his viral hit “Ni Nyandue”—challenged KFCB’s efforts to impose licensing fees and approval requirements on his online videos. In its judgment, the court declared the Board’s actions unconstitutional and its regulatory attempts in the digital space “null and void.”

“This ruling protects the creative freedom of thousands of Kenyan digital content creators who have long operated under the threat of arbitrary and outdated regulation,” Getumbe said during a protest outside the courthouse, where he staged a symbolic performance to celebrate the verdict.

Court Disarms KFCB’s Digital Reach

At the heart of the case was the application of the Films and Stage Plays Act (Cap 222)—legislation dating back to colonial-era Kenya. Sections of this act had been broadly interpreted by KFCB to apply to any video content, including TikToks, YouTube vlogs, and smartphone recordings. The court found this interpretation absurd and unworkable.

The judgment emphasized that:

• The law was written for cinema and broadcast media—not digital platforms.

• Requiring pre-approval for every piece of social content is both irrational and practically unenforceable.

• Applying traditional film laws to online videos violates constitutional freedoms and technological realities.

KFCB’s Regulatory Power Now Limited

With this decision, the court has sharply narrowed the scope of KFCB’s mandate. While the Board retains authority over:

• Theatrical film classification and licensing,

• Traditional broadcast content ratings, and

• Regulation of large-scale cinema and TV distributors,

It no longer holds sway over Kenya’s digital content creators unless Parliament updates the laws.

A 'Lame Duck' in the Digital Arena

Legal analysts and digital rights advocates say the ruling has rendered KFCB a “regulatory lame duck” in the realm of online content.

“This judgment sets a strong precedent: You cannot govern 21st-century innovation using 20th-century laws,” said Martha Nyambura, a digital rights attorney. “Unless new legislation is passed, KFCB is toothless online.”

A Wake-Up Call for Policymakers

The ruling puts pressure on Parliament to modernize Kenya’s media laws. With millions of Kenyans earning a living through platforms like YouTube, TikTok, and Instagram, the outdated regulatory framework is increasingly seen as a barrier rather than a safeguard.

Until legal reforms are enacted, content creators can operate without KFCB’s interference—effectively granting them newfound freedom to create, distribute, and monetize their content.

Conclusion

For now, the “Ni Nyandue” artist and his fellow digital creators have won a powerful victory—not just for artistic expression, but for the future of digital innovation in Kenya. As the dust settles, the Kenya Film Classification Board faces a sobering reality: without legislative reform, it has been left behind in the race to regulate the digital age.

May 17, 2025