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Moral policeman opposes request to play gay-themed Rafiki film in court

The Kenya Film Classification Board (KFCB) and its director Ezekiel Mutua have opposed a request to play in court a film banned for having lesbianism content.

In submissions in court, Mr Mutua and KFCB said that the exhibition of ‘Rafiki’ film in court will not be necessary to aid in the determination of the dispute over the film.

They argued that the film’s director Wanuri Kahiu had not produced a certificate in court for an electronic material to be played in court as evidence.

“The petitioners have not satisfied any of the conditions stipulated by the Evidence Act in relation to production of electronic records as evidence,” said their lawyers from the firm of Sisule Musungu & Associates Advocates.

EVIDENCE INADMISSIBLE

They added: “ Whereas the petitioners make this application orally at such an advanced stage of the proceedings without leave from court and further without a certificate as provided under Section 106(B)(4) the same is opposed as the evidence is inadmissible.”

Ms Kahiu had requested for audio visual equipment to be availed for airing of the disputed film.

“We kindly write this letter to request for audio visual equipment to enable us play the ‘Rafiki’ film at the hearing, the matter is coming on April 4, your quick response will be highly appreciated,” read a letter presented by her lawyers.

Rafiki’ is a love story of two teenage girls who develop a romantic relationship which is rejected by their families and community.

The film was adapted from the short story ‘Jambula Tree’ by Uganda’s Monica Arac de Nyeko that was awarded at the Caine Prize for African Writing in 2007.

According to the Ms Kahiu, the ban on the said film is contrary to the freedom of artistic creativity and that they are bound to suffer losses.