Singer William Getumbe Loses Case Against KFCB Over Banned ‘Yesu Ninyandue’ Videos

Controversial Eldoret-based gospel artist William Getumbe has lost a case he filed at the High Court challenging the Kenya Film Classification Board’s (KFCB) decision to ban his viral videos Yesu Ninyandue-Imejaa and Yesu Ninyandue-Nyonga.

Getumbe had sued KFCB for banning the songs and demanding a payment of KSh 243,200 in alleged licensing and filming fees. However, Justice Lawrence Mugambi ruled that KFCB was within its legal mandate to restrict the videos due to their inappropriate content but had no legal authority to demand licensing fees for content uploaded on social media platforms like YouTube.

In his ruling, Justice Mugambi affirmed that while KFCB can request the removal of offensive content to protect vulnerable audiences, it cannot enforce outdated licensing regulations on modern digital content creators. He described the board’s attempt to apply provisions of the Film and Stage Plays Act—designed for traditional film studios—to social media videos as misguided and unenforceable.

“The requirement for prior inspection and licensing before uploading content on platforms like YouTube is impractical and intrusive in today’s digital age,” said the judge, adding that such demands are unreasonable and legally null.

Getumbe had also sought a court order stopping KFCB and its CEO from involving platforms like YouTube, TikTok, Twitter, and Facebook in removing his content. The court declined this request, citing lack of evidence and stating that KFCB is legally empowered to collaborate with such platforms to enforce content regulation.

While the judge rejected the payment demand and deemed the invoice issued by KFCB null and void, he upheld the validity of the Film and Stage Plays Act, dismissing Getumbe’s plea to have the 1962 law declared unconstitutional. He emphasized that despite technological evolution, KFCB still retains its mandate to regulate harmful audio-visual content.

Getumbe had filed the case in March 2024, shortly after being arrested and later released for allegedly uploading the controversial music videos without KFCB approval.