‘Yesu Ninyandue’ Artist Files Lawsuit Against KFCB for Sh 243k Demand and Content Ban

Eldoret-based artist William Getumbe, known for his controversial song “Yesu Ninyandue,” has initiated legal action against the Kenya Films Classification Board (KFCB) in the High Court after the board banned his song and demanded a payment of Sh243,200.

The controversy began on March 13, 2024, when Getumbe was arrested at his home for failing to pay the aforementioned fees for filming and licensing after uploading explicit videos related to his song without KFCB approval. At the time, he had gained significant attention due to his two provocative tracks, “Yesu Ninyandue-Imejaa” and “Yesu Ninandue-Nyonga,” which had gone viral on YouTube.

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Following his arrest, Getumbe explained that his recent fame had led him to engage with various media outlets to discuss his artistic inspirations. However, on February 29, he received a demand letter from KFCB, signed by communications manager Nelly Muluka Oluoch on behalf of acting CEO Paskal Opiyo. The letter stated that his videos contained blasphemous content, nudity, and vulgar language, none of which had undergone the necessary classification process as required by the Film and Stage Plays Act.

The letter also included a seven-day notice for Getumbe to pay the outstanding fees and remove the videos, warning that failure to comply would lead to his arrest. According to the invoice, he owed Sh190,000 for licensing, Sh38,000 for filming, and Sh15,200 for classification, totaling Sh243,200.

In response to the KFCB’s actions, Getumbe filed a petition on March 6, claiming that the board and its CEO were infringing on his freedom of expression, discriminating against him, and imposing an unreasonable ban on his content creation across various platforms, including YouTube, TikTok, Twitter, and Facebook. He pointed out that the case was scheduled for its first mention on April 29, 2014, shortly after his arrest, which was confirmed by Ms. Olouch.

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KFCB chair quickly rescinds demand letters issued to YouTube content creators

In his submissions to Justice Lawrence Mugambi, Getumbe criticized KFCB for overstepping its authority, arguing that the regulations set forth in a 1962 act do not apply to modern content creation. He emphasized that technological advancements have transformed how audiovisual media is consumed, making it accessible via smartphones, and that restrictions on this content would violate privacy rights and freedom of expression.

Getumbe further questioned KFCB’s authority to regulate online content, suggesting that the board was misinterpreting its powers by attempting to govern social media and internet content under outdated laws. He noted that while foreign videos displayed in Kenya are not subjected to such regulations, KFCB’s actions disproportionately affect local content creators.

In their defense, KFCB and its CEO argued that they had received numerous complaints regarding Getumbe’s music videos, which had not been licensed or classified. They cited sections of the Films and Stage Plays Act that grant them the authority to approve or deny films based on their potential

KFCB chair quickly rescinds demand letters issued to YouTube content creators

The Kenya Film Classification Board (KFCB) chairperson Njogu has stepped in, instructing KFCB to revoke a demand letter sent to content creators, which required them to obtain filming licenses or face legal action.

The letters, issued on Friday, May 24, 2024, referenced Section 4 of the Films and Stage Plays Act and gave YouTube content creators 14 days to acquire the necessary licenses.

Njogu stated that he has directed KFCB to withdraw the letter to allow for stakeholder engagement. He emphasized the importance of focusing on the numerous opportunities and jobs in the digital media sector.

“Our content creators should be fully supported. They should be encouraged and backed 100 percent,” Njogu declared.

“We should be training our youth on monetization, and we are committed to that. I have instructed the management to retract the notices and arrange for discussions with all stakeholders.

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KFCB Issues Demand Letter To Chris Embarambamba & His Accomplice To Pull Down ‘Yesu Ninyandue’ Song

“We should be talking about thousands, if not hundreds of thousands, of jobs in digital media.” He added.

The letter, signed by Acting KFCB CEO Pascal Martin Opiyo, noted that the board was operating within its mandate to regulate the creation, broadcasting, possession, distribution, and exhibition of film and broadcast content in Kenya.

“Our attention has been drawn to your YouTube channel, where you have continuously uploaded audio-visual content for public exhibition and distribution without acquiring the requisite filming licenses from the Kenya Film Classification Board.

“Therefore, we demand that you comply with the Films and Stage Plays Act by obtaining filming licenses for your films and submitting them for examination and classification before they are exhibited and distributed to the public through your YouTube channel,” the letter reads in part.

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“Take notice that unless you comply with the above within 14 days, we will initiate legal proceedings according to the Films and Stage Plays Act and other relevant laws, without further reference to you, and at your own risk concerning costs and other consequences,” he warned.

This letter prompted top content creators to express their confusion and frustration on social media.

“Wololo🙆🏿‍♂️🙆🏿‍♂️🙆🏿‍♂️🔥😰😰😰😰. What’s going on now? Someone update me, I am confused,” wrote Obinna on Instagram, seeking clarity from his followers and fellow YouTubers.

Njugush and YY argued that the move would stifle the thriving digital media industry in the country, questioning how content approval would work given the industry’s dynamics, where creators produce timely content to align with trending issues.

“KFCB, say there’s a trend. I quickly shoot a clip on my phone to follow the trend but first have to send it to you for approval of the 2-minute ‘film’ instead of using YouTube’s own checks? Guys, is this about censorship or something else? If you have a YouTube channel, what do you think?” Njugush asked.

KFCB Issues Demand Letter To Chris Embarambamba & His Accomplice To Pull Down ‘Yesu Ninyandue’ Song

Gospel musicians Chris Embarambamba and William Getumbe have received a demand letter from the Kenya Film Classification Board (KFCB) for the distribution of offensive material on several media platforms.

William Getumbe and Chris Embarambamba have received demand letters from KFCB telling them to take offensive material off from their websites.

The KFCB has prohibited the musicians’ most recent songs because they are deemed inappropriate for public consumption, and their latest tracks have drawn criticism.

The films of Embarambamba and Getumbe, according to KFCB Acting CEO Nelly Muluka, violate the Kenyan laws outlined in the Films and Stage Plays Act Cap 222, which requires all content to be approved and screened before being made available for public viewing or distribution.

The wicked content of William Getumbe’s song “Yesu Ninyandue” has received criticism.

The song “Niko Uchi” by Chris Embarambamba has caused controversy due to its alleged gospel theme, which the KFCB claims denigrates Christianity.

The song allegedly encourages violent and repeated acts, especially by minors, and contains profanity and nudity, according to the Board.

Banning songs is just pointless

Every so often, you’ll hear that Kenya Films Classification Board (KFCB) CEO Ezekiel Mutua has banned a song for one reason or the other. The latest casualties are Sailors Gang’s Wamlambez and Tetema by Diamond Platnumz and Rayvanny. He restricted the songs from being played in public places and termed them as pure pornography.

Also read: Stop looking for content from new-age musicians!

I find this interesting because apart from the fact that you can’t really ban a song, it’s also just pointless because you end up making them popular. Think of it though, news about the ban was carried on the dailies and people who didn’t know about the song now know about it and probably went on YouTube to watch it.

Diamond Platnumz
Diamond Platnumz

Secondly, it’s really hard to enforce such a ban. Say you are caught playing the song outside a club, would you be arrested? And if you were apprehended what would you be charged with? Which law have you broken? You see, for such a ban to be effective, it has to be published in a gazette notice and I don’t think anyone in government is that idle.

The third reason is why now? I just kept wondering. Truth is Wamlambez and Tetema are not new songs, the former was released in April while the latter came out in February – which is six months ago. Say the song are dirty as we have been told, then why weren’t they banned as soon as they were released?

Sailors Gang
Sailors Gang

In my opinion, people should be left to decide the kind of songs that they want to listen to. If you feel that a certain song is lewd the truth is you don’t have to listen to it, no one will force you to consume it. The same way you should not stop people from listening to songs because you seem them in a certain way. Enough said.

Alvindo has released the video for ‘Taka Taka’ and it’s way better than expected

Singer Alvindo, has released the video for his first single dubbed Taka Taka. Interestingly, the video debuted a few days after Kenya Film Classification Board (KFCB) CEO Ezekiel Mutua banned the song.

In a statement, Mutua explained that the song had been restricted due to “its obscene and degrading lyrics that advocate for violence against women by equating them to trash.”

To some extent, I seem to agree with Mutua. However, I don’t think it really necessitated a ban because doing so only makes it popular. It doesn’t serve the purpose at all.

Alvindo

Alvindo and his manager KRG The Don knew this too well. As such, it does not come as a surprise that they hurried to release the video even after the song had been banned.

The video, which was directed by Deska Torres, has already clocked 72,000 views on YouTube two days after it was released. From the look of things, it will hit a million views in four weeks or so.

In as much as I don’t think the song is worth writing about, I really loved how the video brought the song to life with various scenes depicting what Alvindo went through in the hands of his ex.

Alvindo with KRG The Don

If you don’t know, the song is all about Alvindo’s ex girlfriend and how she put him through a lot and eventually dumped him. It is a diss track to his ex.

The video helps paint a good picture in people’s minds. As it begins, there a scene where Alvindo is visiting a witchdoctor to cast a spell on his ex girlfriend.

Also read: Alvindo’s ‘Taka Taka’ is almost hitting a million views but it’s still terrible

There’s also a scene that shows him working as a vendor at Burma Maket. As he leaves work, his girlfriend ambushes him and takes away all the money that he had made on that day.

The lass then meets up with another guy who takes her out on a date. The two are seen enjoying themselves so much so that you would think the lass is single.

The video features popular Kenyan comedians such as Eddie Butita, Shaniqwa, DJ Shiti. They play various roles and helped bring the song to life in the best way possible.

Watch Taka Taka video below and tell us what you think.

East Africa´s Got Talent show now officially launched in Kenya

East Africa´s own ´Got Talent´ show has now been officially launched in Kenya, on Tuesday giving East Africans a platform to showcase their talent globally.

Kenya´s CS for Sports and Culture, Amina Mohammed

Kenya´s CS for Sports and Culture, Amina Mohammed and other distinguished guests, were in attendance.

East Africa´s Got Talent grand opening TV show is set to be shot in Kenya, Uganda, Tz and Rwanda.

The show is a part of Simon Cowell´s ¨Got Talent¨ franchise that kicked off back in 2006 and is already established in Britain, America and Australia among others.

The show will see performers contend against each other before the unique East African´s contestant, is crowned.

Come May, auditions are set to begin, first in Kenya then later to Uganda, Tz and Rwanda as the performing countries.

Breakdown

East Africa´s Got Talent TV Show is to commence in August 2019, with its 10 episodes, the semifinals and the grand finale being shot live in Kenya.

Kenyan CS, Amina Mohammed with Ugandan comedian, Ann Kansiime

The show is set to run for 10 weeks with contestants going through 3 phases before getting to the finals, all hosted by popular Ugandan comedian, Kansiime.

Over the weekend of 11th and 12th of May 2019, auditions are to set out at Kenya´s KICC.

During the launch of East Africa´s Got Talent show in Nairobi, Tuesday

Based on accumulated votes from the audience, the winner will bag a whooping Ksh 5 Million.

Safaricom, Clouds Media Group and KFCB are among those sponsoring the show.

Talent

Talented and gifted performers across all age groups and of different cultures that are yet to be discovered or grow in the industry, will have the opportunity at the globally recognized show.

Judges from previously hosted globally Got Talent Shows

The judges on set are to evaluate which contestants proceed and which ones get bidden farewell throughout the competition.

The backgrounds of contestants will be shared by the show´s hosts to the audience to give us insight into the contestant´s artistic composition.

The ¨Got Talent¨ is a British talent show TV format that has since spawned spin-offs in over 58 countries as of 2014.

Judges during the heated Got Talent shows, previously

¨Got Talent¨ showcases several artistic disciplines in addition to singing and has since been recognized as ¨The world´s most successful reality TV format ever¨, by the Guinness World Records.

Remember only 1 individual gets to walk home with the grand prize.

Only 1!

 

Maina Kageni, Mwalimu King’ang’i face possible disciplinary action from KFCB

Kenya Film and Classification Board (KFCB) is cracking the whip on errant media personalities who are violating rules governing the airing of content on radio and TV.

Moral police Ezekiel Mutua on Tuesday said KFCB was concerned with the increased adult content in free to air radio and TV stations in the country.

KFCB has already banned Fresh Fry and Marie Stopes advertisements on TV for containing sexual content and supporting abortion.

Disciplinary action
Moral police Ezekiel Mutua
Moral police Ezekiel Mutua

Several Kenyan radio personalities including Classic FM’s Maina Kageni and Daniel Ndambuki alias Mwalimu King’ang’i and Radio Jambo’s Joseph ‘Gidi’ Ogidi and Jacob ‘Ghost’ Mulee are being probed by KFCB.

The mentioned radio presenters are are facing possible disciplinary action over what KFCB terms as airing adult content during the watershed period.