KFCB Goes After Kamba Musician Katombi Over Viral Music Video

The Kenya Film Classification Board (KFCB) has flagged a music video titled 'Wikend' by Kamba musician Alex Kasau Katombi over alleged violations of the law governing film classification and distribution in Kenya.

In a statement on Friday, October 16, the board said the video, which premiered on YouTube, raised concerns over sexually explicit scenes, nudity, indecent exposure and the depiction of substance abuse.

"The video, which premiered on YouTube, contains sexually explicit content, nudity and indecent exposure, while depicting substance abuse, alcohol consumption and tobacco use, making it unsuitable for general exhibition," the statement read.

KFCB further revealed that the video had been distributed to the public without undergoing the required licensing and classification procedures. 

The board said it discovered the alleged violations during its routine compliance monitoring activities.

"Through routine compliance monitoring, the Board established that the video was neither licensed nor classified before its distribution to the public," the statement added.

Following the findings, KFCB said it had moved to have the video removed from YouTube and other digital platforms where it could be accessed by minors. 

The board said it was working with Google Kenya and other relevant agencies to enforce the directive.

"Accordingly, in collaboration with Google Kenya, KFCB directed Alex Kasau, alias “Katombi” to immediately take down the video from his YouTube channel and all other distribution platforms likely to be accessed by minors. 

"The Board is working with relevant law enforcement agencies and digital platforms to enforce this directive," the statement further read.

KFCB reiterated its position against the production and distribution of audiovisual content that violates the law, emphasising that artists must adhere to the applicable regulations when creating and releasing their work.

"KFCB strongly condemns the production and distribution of unlawful audiovisual content and reiterates that creative freedom must be exercised responsibly and within the confines of the law," the statement noted.

At the same time, KFCB urged parents and guardians to take a more active role in supervising the content children access online. 

It encouraged caregivers to use parental controls available on digital platforms and report inappropriate material for further action.

"At the same time, the Board urges parents, guardians and caregivers to monitor the audiovisual content consumed by children under their care, activate available parental controls on digital platforms and report harmful and inappropriate content to KFCB through [email protected] for appropriate action," the statement concluded.

This comes months after the Office of the Data Protection Commissioner (ODPC) has issued a 14-day ultimatum to data controllers and data processors whose registration certificates have expired.

In a notice on Friday, August 28, the ODPC said the directive is anchored on the Data Protection Act, 2019 and the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021, which require entities operating as data controllers or processors to maintain valid registration with the Data Commissioner.

It reminded affected entities that registration is a legal requirement under Section 18 of the Data Protection Act, 2019. 

The law provides that an entity required to register as a data controller or data processor cannot operate in that capacity unless it is registered with the Data Commissioner.

Regulations 9 and 11 of the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021 further provide that registration certificates are valid for 24 months and must be renewed upon expiry.

The regulations also stipulate that continued processing of personal data after the expiry of a registration certificate, without renewal, constitutes an offence.

"The Office of the Data Protection Commissioner (ODPC) reminds all data controllers and data processors whose registration certificates have expired to urgently regularise their registration status by applying for renewal," the notice read.

The ODPC warned that entities that fail to comply within the stipulated period could face enforcement action in accordance with the law.

"Failure to comply within the stipulated period may result in the ODPC initiating appropriate enforcement action in accordance with the law," the notice concluded.