Controversial Eldoret-based singer William Getumbe, who grabbed headlines with his eyebrow-raising gospel track ‘Yesu Ninyandue’, has suffered a blow in court after failing to overturn a ban on his viral videos.
Getumbe had taken the Kenya Film Classification Board (KFCB) to the High Court, hoping to block them from pulling down his two ‘Yesu Ninyandue’ music videos from platforms like YouTube, Facebook, and TikTok.
He also wanted to stop the board from slapping him with a hefty bill of KSh 243,200 for filming and uploading the videos without a license.
Unfortunately for the singer, Lady Luck wasn’t on his side.
The court ruled that KFCB was within its rights to ban the videos, saying the board has a responsibility to protect the public from inappropriate content.
“It’s not about the board overstepping — it’s literally their job to make sure the public, especially kids, aren’t exposed to harmful stuff,” the judge said.
However, the court did throw Getumbe a small bone.
The judge ruled that while KFCB could ban the videos, it had no legal authority to demand payment for videos uploaded to social media and YouTube.
The judge further pointed out that existing film laws in Kenya are outdated and don’t cover modern-day digital platforms, calling the demand for licensing fees “null and void.”
In a rather blunt moment, the court described the idea of inspecting every video before it’s uploaded in this smartphone era as “ludicrous”.
“In this day and age where anyone can record a video on their phone and post it online instantly, it’s impractical to expect every single video to go through government approval first,” the judge remarked.
Back in February 2024, Getumbe had received a demand letter and invoice from KFCB demanding over KSh 243,000 in fees for his two ‘Yesu Ninyandue’ videos — ‘Imejaa’ and ‘Nyonga’.
Not one to go down without a fight, the singer challenged both the payment demand and the constitutionality of Kenya’s decades-old Film and Stage Plays Act. But the court wasn’t swayed.
While acknowledging that the 1962 law is a little dusty for today’s digital world, the judge ruled that the Act isn’t unconstitutional and still gives KFCB the authority to regulate content — even on social media.
In the end, the court sided with the board on the bans but spared Getumbe from footing the massive bill.
Moral of the story? In Kenya, you might still sing your heart out — but if your lyrics raise eyebrows, don’t be surprised when KFCB steps in.
