Kenyan Appeals Court overturns ban on lesbian film 'Rafiki'

The Court of Appeal in Nairobi has delivered a landmark ruling regarding the acclaimed lesbian romance film "Rafiki," declaring the Kenya Film Classification Board's (KFCB) outright prohibition of the movie "disproportionate and unjustified." This pivotal decision, issued on January 23, marks a significant step forward for artistic expression and the visibility of LGBTQ+ narratives within Kenya.

The appellate court, comprising Justices W. Karanja, J. Tuiyott, and L. Achode, concluded that the KFCB should have classified the film rather than imposing an absolute ban, Gay Times reports. Their judgment asserted that "outrightly banning a film that only depicts homosexual lifestyle without promoting or glamorizing it is a disproportionate limitation to the right of freedom of expression.” While the court did not fully unban the film without further action, it encouraged director Wanuri Kahiu to appeal the KFCB’s original 2018 decision under the Film and Stage Plays Act within 30 days to secure a proper classification, such as "adults only."

Released in 2018, "Rafiki" quickly gained international acclaim. Written and directed by Wanuri Kahiu, the film is an adaptation of Monica Arac de Nyeko's award-winning short story "Jambula Tree," portraying a tender coming-of-age love story between two Kenyan women. It made history as the first Kenyan film to premiere in the Un Certain Regard section at the Cannes Film Festival and garnered numerous international awards.

The KFCB initially banned "Rafiki" in April 2018, citing its "clear intent to promote lesbianism in Kenya" and a "homosexual theme" contrary to national laws. Kahiu notably declined demands from the board to alter the film's ending, which was deemed "too positive." In response to the ban and widespread outrage from LGBTQIA+ activists, Kahiu took legal action against the Kenyan government. A temporary seven-day suspension of the ban allowed "Rafiki" to be screened, breaking box office records across the country and briefly becoming Kenya's second highest-grossing film ever, while also making it eligible for submission to the Academy Awards for Best Foreign Language Film. Though not ultimately selected, its domestic success underscored public interest.

Despite this initial victory, the High Court upheld the KFCB's ban in 2020, ruling that freedom of expression could be limited to protect societal morality. However, the Court of Appeal's recent decision directly challenged this, stating that the provisions used by the KFCB to ban the film were unconstitutional and violated protections for freedom of expression. Furthermore, the justices struck down sections of the Film and Stage Plays Act that allowed the KFCB to confiscate film segments and police to forcibly halt screenings, unless there was an immediate threat to public safety or animal welfare.

Director Wanuri Kahiu celebrated the verdict on social media, stating on Instagram: “Ideas are not crimes!… Our work cannot be confiscated. Police cannot shut down art with force or intimidation unless there is a real threat!” The Kenyan LGBTQ+ rights organization Galck+ also welcomed the ruling, emphasizing its broader implications. "Queer stories can now reach audiences legally across Kenya," the organization declared, adding that the decision "encourages diverse, bold, and authentic filmmaking. It demonstrates the power of courageous art combined with legal action. It marks a bright step forward for freedom, creativity, and LGBTQ+ visibility.”

This ruling comes within a context where consensual same-sex acts remain criminalized in Kenya under colonial-era laws, carrying potential penalties of up to 14 years in prison. Thus, while the Court of Appeal's decision represents a significant victory for artistic freedom and LGBTQ+ representation, the community continues to face substantial legal challenges.