Kenya’s Court of Appeal Rules on the Film “Rafiki”

Kenya’s Court of Appeal Rules on “Rafiki”
After an eight year legal battle, Kenya’s Court of Appeal has delivered a landmark judgment that changes the future of filmmaking in the country. On January 23, 2026, the court ruled that the 2018 ban on the film Rafiki was unlawful and went against the Kenyan Constitution.
Directed by Wanuri Kahiu, Rafiki tells the story of two young women who fall in love. When it was first released, the Kenya Film Classification Board (KFCB) banned the film entirely. They claimed it “promoted lesbianism” and went against public morality. The filmmaker refused to change the film’s ending to make it more “remorseful,” leading to a long fight in the courts.
What the Court Decided
The Court of Appeal’s ruling is a massive win for artists. Here are the key points from the judgment:

No More Blanket Bans: The court ruled that the government cannot ban a film just because it shows a same-sex relationship. It clarified that showing something is not the same as “promoting” illegal acts.

Age Ratings Instead of Censorship: Instead of banning films, the KFCB should use age-based ratings. The judges suggested that films like Rafiki can simply be rated “Adults Only.”

Limiting Police Power: The court struck down parts of the old “Film and Stage Plays Act.” Specifically, it ruled that police cannot use force to stop people from filming unless there is an immediate danger to life or safety.

Protecting Creative Property: The state can no longer keep parts of a film that they ordered to be cut or removed.
Why It Matters
For Wanuri Kahiu and the Kenyan creative community, this is about more than just one movie. Kahiu noted that this ruling protects musicians, journalists, and all storytellers from being bullied by the state. While the ban isn’t automatically lifted, the ruling creates a clear path for the film to be re-classified and finally shown legally in Kenyan cinemas.
The judgment sends a clear message: Ideas are not crimes. It reaffirms that the 2010 Constitution protects freedom of expression, even when the subject matter is controversial to some.

What Happens Next?
The filmmakers now have 30 days to appeal to the KFCB for a new rating. If successful, Rafiki which broke records during a brief, court-ordered seven-day screening in 2018—will finally be available to the Kenyan public on a permanent basis.

The January 2026 Court of Appeal ruling doesn’t just help Rafiki; it opens a door for several other films that were shut out of Kenyan cinemas for years.
Because the court ruled that simply showing a same-sex relationship is not the same as “promoting” illegal acts, many other films now have a legal reason to ask for their bans to be lifted.
Other Films That Could Benefit
Several films have faced the same “public morality” axe from the KFCB. With this new ruling, their creators can now argue for an age-based rating instead of a total ban:

“I Am Samuel” (Banned in 2021): This is a documentary about a gay Kenyan man and his relationship with his family. The KFCB banned it because they claimed it “blasphemed” Christianity and promoted a same-sex marriage agenda.

“Stories of Our Lives” (Banned in 2014): An anthology film that tells different true stories of LGBTQ+ Kenyans. It was banned over a decade ago for “promoting homosexuality.”

“Badhaai Do” (Banned in 2022): Even international films were targeted. This Indian (Bollywood) movie about a “lavender marriage” (a gay man and a lesbian woman marrying to please their families) was banned for trying to “normalize” same-sex relationships.
What This Means for the Future
In the past, the KFCB acted like a “moral police,” deciding what adults were allowed to see. The 2026 ruling changes the rules of the game:

Shift to Classification: The board must now act as a classifier, not a censor. Their job is to tell you who should watch a film (e.g., “18+ Only”), not to tell you that the film cannot exist.
Legal Precedent: Any filmmaker whose work is banned in the future can now point to the Rafiki case. They can argue that if their film doesn’t incite violence or show “unnecessary cruelty,” the government has no right to block it.
Creative Freedom: Filmmakers no longer have to fear that including a “controversial” character will lead to their entire project being seized or their film sets being raided by police.
This ruling essentially “unmuzzles” Kenyan cinema. It allows for more honest stories about the diverse lives of Kenyans to be told without the fear of being erased from history.