Kenya Court Ruling Alters Arts Censorship Landscape

Kenya’s Court of Appeal has issued a landmark ruling impacting censorship of artistic expression, specifically regarding filmmaker Wanuri Kahiu’s 2018 film Rafiki. The decision strikes down key provisions of the Film and Stage Plays Act, potentially paving the way for the film’s exhibition in Kenya after years of being banned.

Legal Challenges to *Rafiki*

Wanuri Kahiu’s 2018 film Rafiki, which depicts a love story between two young women, was banned by the Kenya Film Classification Board (KFCB) due to its LGBTQ themes. Kahiu has been fighting the ban for eight years, facing what she described as feeling like an “enemy of the state.” The film garnered significant international attention and accolades despite being prohibited within Kenya.

Court of Appeal Ruling

On January 23, 2026, the Court of Appeal of Kenya ruled against key provisions of the Film and Stage Plays Act that were used to justify the ban. While the ban on Rafiki was not automatically lifted, the court determined that it is no longer absolute. Kahiu can now appeal KFCB’s decision to the Cabinet Secretary, seeking a review that could lead to an age-appropriate rating. The court also clarified that depicting same-sex relationships in a film does not constitute promotion and cannot justify an outright ban.

Constitutional Concerns Addressed

The court’s decision also addressed broader concerns about the Film and Stage Plays Act. Section 9(1), which allowed authorities to intervene in film production “by force,” was declared unconstitutional except in cases involving threats to life or property. Section 16(3), permitting the state to retain excised portions of films, was also struck down as an unjustifiable interference with creators’ rights.

Broader Implications for Artistic Freedom

Filmmaker Wanuri Kahiu emphasized that the ruling is a victory not only for filmmakers but also for journalists, content creators, and musicians. She stated that it signifies a crucial protection against threats of violence and the ability to create without fear of censorship. The ruling also comes amidst a backdrop of recent challenges faced by other filmmakers, including the death of Nick Wambugu, who reportedly suffered health issues exacerbated by harassment related to a BBC documentary.

Historical Context of Censorship in Kenya

The current ruling builds upon a history of artistic censorship in Kenya, dating back to colonial-era regulations of print publishing and radio broadcasting. Post-independence, the government has also targeted theatre and other forms of expression deemed “subversive.” This new precedent extends beyond film and strengthens constitutional protection for artistic expression across the wider arts sector.

Future Steps and Kahiu’s Commitment

Kahiu plans to appeal KFCB’s restriction on Rafiki to the Cabinet Secretary within 30 days. She acknowledges the possibility of further appeals to the Supreme Court, reaffirming her commitment to fighting for freedom of expression and challenging outdated laws. She also expressed gratitude for the community support and the legal team that assisted in the case.

Kahiu’s work has expanded beyond Rafiki, including directing projects for Netflix and Hulu. However, she maintains that Kenya remains her primary audience and intends to continue creating films that reflect her heritage and inspire hope.