‘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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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

William Getumbe, a gospel musician, was detained following a seven-day warning

Eldoret-based gospel musician William Getumbe has been apprehended and escorted to the Kapsoya Police Station following allegations by the Kenya Films and Commission Board (KFCB). According to the statement issued by the KFCB, the artist failed to cease the distribution and display of a gospel song deemed obscene and blasphemous under the Films and Stage Play Act, Cap 222 of the Laws of Kenya.

The arrest transpired subsequent to a seven-day ultimatum issued to him for transgressions against the aforementioned statute. Among the charges leveled against him are filming without a license, contravening Part II, Section 4 of Cap 222, as well as distributing and showcasing unclassified audio-visual content, a violation of Part III, Section 12 of Cap 222. Additionally, he faces accusations of distributing, publicly exhibiting, and possessing ‘obscene’ cinematograph films and staging indecent performances, offenses contrary to Section 181 (1) (a) and (e) of the Penal Code.

Getumbe is slated to appear in court on March 13, 2024, to address these charges. The KFCB reaffirmed its firm stance against the creation, dissemination, possession, broadcast, and display of ‘indecent’ content deemed detrimental to the values and ethics of Kenyan society.

Furthermore, it implored all content creators to produce material that upholds Kenya’s cultural heritage, moral principles, and national aspirations, while ensuring the safeguarding of minors against unsuitable content. The KFCB disclosed ongoing collaboration with pertinent platform administrators to remove objectionable content promptly.

Previously, musician Embarambamba, a peer of Getumbe, received a demand letter from the board, complying by submitting all his music videos for examination and classification by the KFCB. He also committed to obtaining a filming license from the KFCB before initiating any new productions and ensured their classification for age-appropriateness before public display.

William Getumbe is renowned for his song ‘Yesu Ninyandue’. The KFCB urged the public to report instances of indecent content distributed or exhibited on social media platforms, noting that correspondence has been dispatched to various platform operators to remove inappropriate content.

The gospel musician who wrote the profane song “Yesu Ninyandue” talks

Eldoret-based Gospel singer William Getumbe has stirred controversy with his latest song ‘Yesu Ninyandue,’ drawing criticism from Kenyans who perceive it as blasphemous and a mockery of Christianity.

The lyrics include phrases like “Yesu ninyandue, yesu ninyandue, nipate mimba ya imani,” which we won’t translate due to its explicit nature.

In response to the backlash, Getumbe defended his work, claiming that those passing judgment lack righteousness themselves. He explained that “nyandua” has various meanings, and in his song, it symbolizes a petition to God for elevation. He argued that music often uses indirect language as a form of creativity.

Getumbe also criticized fellow Christians, pointing out their engagement in activities like watching pornography while condemning his music. Despite facing criticism, he remains undeterred and acknowledged the predominantly Christian demographic in Kenya.

While the song has elicited negative reactions, Getumbe remains open to the possibility of performing it in church if invited. He highlighted his extensive musical career, including six albums before his latest release.

The audio of “Yesu Ninyandue” on his YouTube channel has garnered significant attention, amassing 14k views since its premiere on February 12. It is rated 18 years and over due to its explicit content.