Huduma Kenya recently addressed inquiries regarding filming within government offices. The clarification followed a social media question about recording educational video clips in a Huduma Centre using a mobile phone.
Huduma Kenya stated that filming inside government offices and installations is a regulated activity requiring specific permits and clearances. Authorization from the Kenya Film Classification Board (KFCB) is generally required, and in many instances, additional clearance from the relevant ministry or agency overseeing the facility is also necessary. The agency referenced the Films and Stage Plays Act (Cap 222), noting that unauthorized filming in restricted public areas is illegal and can pose security risks.
Filming in government offices and restricted areas in Kenya is governed by national laws, privacy regulations, and licensing requirements. Interference with a public officer’s duties can be considered obstruction under administrative laws. Certain government agencies have previously issued orders for the arrest of individuals caught filming in prohibited locations. The Official Secrets Act of the Kenyan Constitution prohibits taking photographs or film of restricted places without permission from the officer in charge, potentially leading to a prison sentence of up to 14 years.
Restricted areas include police stations, military camps, telecommunications offices, government offices, and Huduma centres. The Data Protection Act 2019 further protects the personal data of individuals, including public officers, and filming someone without their consent can violate their right to privacy under Article 31 of the Constitution.
Kenyans can obtain authorization to film in these areas by securing a license from the KFCB, the body responsible for licensing filmmakers in Kenya. Filmmakers can also seek permission from the officers in charge and adhere to data privacy protocols while recording.
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