Films and Stage Plays Act

Section 1. Short title Section This Act may be cited as the Films and Stage Plays Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "admitted" means admitted whether on payment or gratuitously; "Board" means the Kenya Film Classification Board established by section 11 ; "certificate of approval" means a certificate issued by the Board under section 16 ; "child" means a person who has attained the age of four years but has not attained the age of eighteen years; "cinema" deleted by ActNo. 5 of 2007, s. 7 ; "exhibit" means give or make, or cause or permit to be given or made, or take part or assist in the giving or making of any exhibition; "exhibition" means the projection of a film or other optical effect by means of a cinematograph or similar apparatus; "film" means a cinematographic film, recorded video cassette film, recorded video discs, any recorded audiovisual medium, and includes any commentary (wherever spoken and whether the person speaking appears in the film or not), and any music or other sound effect, associated with the film, and any part of a film; "licensing authority" deleted by ActNo. 5 of 2007, s. 7 ; "licensing officer" deleted by ActNo. 5 of 2007, s. 7 ; "making of a film" means the acts of photographing,...

Section 3. Licensing officer Section The Cabinet Secretary shall, by notice in the Gazette , appoint a person to be the licensing officer for the purposes of this Part.

Section 4. No film to be made without filming licence Section 4(1) Subject to the provisions of section 10 of this Act, no film shall be made within Kenya for public exhibition or sale either within or outside Kenya except under and in accordance with the terms and conditions of a filming licence issued by the licensing officer under this Part. Section 4(2) Where any film is made in contravention of the provisions of subsection (1) of this section, the producer, proprietor, promoter and photographer thereof, and every other person engaged in the making of the film, shall each be guilty of an offence.

Section 5. Application for filming licence Section 5(1) Every application for a filming licence shall be made to the licensing officer in writing and shall be accompanied by a full description of the scenes in, and the full text of the spoken parts (if any) of, the entire film which is to be made, notwithstanding that part of the film is made or to be made outside Kenya: Provided that the licensing officer may in his discretion in any particular case accept an application notwithstanding that it is not accompanied by such description and text if he has been given such other information as he requires for the determination of the application. Section 5(2) If any title, sub-title, text, description, synopsis or other part of the film is in a language other than English, the licensing officer may require a translation thereof into English, certified to his satisfaction, or may submit then same for the examination and report of such persons as he may appoint for the purpose.

Section 6. Filming licences Section 6(1) The licensing officer may, in his discretion, issue or refuse to issue a filming licence for which application has been made to him under this Act, or may issue it subject to the condition that a police officer of or above the rank of Inspector, or other person appointed for the purpose by the licensing officer, shall be present at the making of the film, and to such other conditions as he may think fit. Section 6(2)(a) the conditions (if any) contained in the licence; and Section 6(2)(b) the description, text and other information supplied to the licensing officer, with any alterations and additions for which permission has been granted under section 7 of this Act.

Section 7. Alterations and additions to films Section 7(1) Where it is desired to make any material alteration or addition to the text, synopsis or scenes of a film which is to be made and in respect of which a filming licence has been issued, the holder of the licence shall apply in writing to the licensing officer for permission to make the alteration or addition, and the application shall be accompanied by the filming licence and by particulars of the proposed alterations and additions and, if the alterations or additions are in a language other than English, and the licensing officer so requires, a translation thereof into English, certified to the satisfaction of the licensing officer. Section 7(2) The decision of the licensing officer on the application shall be endorsed on the filming licence, and if permission is granted there shall also be endorsed any condition which is attached to the permission.

Section 8. Films to be made in accordance with furnished particulars Section 8(1) No film shall be made otherwise than in accordance with the particulars furnished to the licensing officer, except in so far as permission to make alterations or additions has been granted under section 7 . Section 8(2) Where any film in respect of which a filming licence has been issued is made in contravention of the provisions of subsection (1) of this section, the producer, the proprietor, the promoter and the photographer thereof, and every other person engaged in the making of the film, and, where the holder of the filming licence is not one of the aforesaid persons, the holder also, shall each be guilty of an offence.

Section 9. Power of police officer or appointed person at making of a film Section 9(1) Where a filming licence is issued subject to the condition that a police officer or other person appointed for the purpose shall be present at the making of the film, such police officer or other person may in his discretion, having regard to any special or general directions given to him by the licensing officer, intervene, if need be by force, to stop the making of any scene which in his opinion endangers the safety of any person or property (other than property in the possession or disposition of the producer, the promoter or any other person engaged in the making of that film) or which is cruel or causes unnecessary suffering to an animal, or which he has reason to believe is being made in contravention of any of the provisions of this Act or of any regulations made thereunder, or of any of the conditions contained in the licence or attached to any permission granted under section 7 of this Act. Section 9(2) Where a police officer or other person intervenes as aforesaid, he shall forthwith notify the licensing officer of such intervention and of the reasons therefor, and the licensing office...

Section 10. Power to exempt films Section The licensing officer may in writing or by notice in the Gazette exempt from the provisions of this Part any film, or any class of films, generally or by reference to the person or class of persons making the film or films.

Section 11. Establishment of the Kenya Film Classification Board Section 11(1) There is established a board to be known as the Kenya Film Classification Board. Section 11(2)(a) suing and being sued; Section 11(2)(b) holding and alienating movable and immovable property; and Section 11(2)(c) doing or performing all such other things or acts for the proper performance of its functions as may be lawfully done by a body corporate.

Section 12. Restriction on exhibitions Section 12(1) No person shall exhibit any film at an exhibition to which the public are admitted or distribute such film unless he is registered as an exhibitor or distributor by the Board and issued with a certificate. Section 12(2)(a) educational documentaries which are approved by the Kenya Institute of Education; or Section 12(2)(b) films restricted for use in the medical profession. Section 12(3) Any person who exhibits any film in contravention of the provisions of subsection (1) or subsection (2) shall be guilty of an offence. [Act No. 6 of 2009 , Sch.]

Section 13. Restriction on display of posters Section 13(1) No person shall display, or cause or permit to be displayed, in a public place, or so as to be visible from a public place, any poster, unless the Board has first approved the poster for public display. Section 13(2) Where, under paragraph (b) of subsection (1) of section 14 of this Act, the Board has directed that a description only of a poster need be furnished, and a poster advertising the film or exhibition is displayed in a public place or so as to be visible in a public place, an authorized person may, if he considers that the poster is objectionable or does not conform to the description furnished under that paragraph (and on production of his authority if so requested), require any person displaying the poster, or causing or permitting it to be displayed, to remove it or to obliterate a specified part thereof. Section 13(3) Any person who contravenes the provisions of subsection (1) of this section, or who fails to comply with any requirement of an authorized person under subsection (2) of this section, shall be guilty of an offence. Section 13(4) In this section, "an authorized person" means a person who is in wri...

Section 14. Application for certificate of approval Section 14(1)(a) the entire film to which the application relates; Section 14(1)(b) a copy of every poster intended to be publicly displayed in connexion with the film or its exhibition, or else, where the Board in any particular case so directs, a full description thereof and of the visual and verbal contents thereof. Section 14(2) If application is made for a certificate of approval in respect of a film, or for the approval of a poster, containing writing or speech in a language other than English, the Board may require a translation thereof into English, certified to the satisfaction of the Board, or may submit the film or poster for the examination and report of such persons as the Board may appoint for the purpose.

Section 15. Functions of the Board Section 15(1)(a) examining every film and every poster submitted under this Act for purposes of classification; Section 15(1)(a)(i) examining every film and every poster submitted under this Act for purposes of classification; Section 15(1)(a)(ii) imposing age restriction on viewership; Section 15(1)(a)(iii) giving consumer advice, having due regard to the protection of women and children against sexual exploitation or degradation in cinematograph films and on the internet; Section 15(1)(b) license and issue certificate to distributors and exhibitors of films. Section 15(2)(a) the procedure for application for licensing as a distributor or exhibitor of films; and Section 15(2)(b) guidelines to be applied in the classification of films.

Section 16. Certificate of approval Section 16(1)(a) approve it for exhibition to the public; or Section 16(1)(b) approve it for exhibition to the public subject to such excisions as it thinks proper; or Section 16(1)(c) refuse to approve it for exhibition to the public; or Section 16(1)(d) deleted by ActNo. 6 of 2009, Sch. Section 16(2)(a) approve it for public display; or Section 16(2)(b) approve it for public display subject to such deletions or alterations as it thinks proper; or Section 16(2)(c) refuse to approve it for public display. Section 16(3) If the Board approves a film subject to excisions therefrom, the Board may itself make the excisions and retain in its possession the excised parts. Section 16(4) The Board shall not approve any film or poster which in its opinion tends to prejudice the maintenance of public order or offend decency, or the public exhibition or display of which would in its opinion for any other reason be undesirable in the public interest. Section 16(5) Where the Board approves a film or poster it shall give to the applicant a certificate of approval thereof in the prescribed form. Section 16(6)(a) exhibits the film, from which the parts which the...

Section 17. Films unsuitable for children Section 17(1)(a) for adults only; Section 17(1)(b) unsuitable for children under the age of sixteen years; Section 17(1)(c) unsuitable for children under the age of ten years. Section 17(2) Where the Board records its ruling in the form "for adults only" it shall issue a certificate of approval subject to the condition that no child shall be admitted to the exhibition thereof. Section 17(3) The ruling of the Board under subsection (1) of this section shall be mentioned in all advertisements and on all posters of the film concerned, and announced on the cinema screen immediately before the film is exhibited. Section 17(4) Any person who exhibits any film, at an exhibition to which the public are admitted, in contravention of any condition imposed under subsection (2), or who displays or permits to be displayed in a public place or so as to be visible from a public place, any poster, or who publishes any advertisement or causes or permits to be published any advertisement, which contravenes, or who otherwise fails to comply with, the provisions of subsection (3), shall be guilty of an offence.

Section 18. Effect of adding matter after approval Section If any matter other than the certificate of approval and the prohibition or ruling of the Board is added to a film after it has been approved by the Board, the film shall be deemed, for the purposes of this Act, to be a film in respect of which a certificate of approval has not been given.

Section 11A. Membership of the Board Section a Chairperson appointed by the Cabinet Secretary;

Section 11B. Co-option of members Section The Board may, from time to time, co-opt such number of persons as it may determine, having regard to the number of films requiring examination, to examine and classify films. [Act No. 6 of 2009 , Sch.]

Section 11C. Appointment and duties of the chief executive officer Section 11C(1) There shall be a chief executive officer of the Board who shall be appointed by the Board on such terms and conditions of service as the Cabinet Secretary may approve. Section 11C(2) The chief executive officer shall be the accounting officer of the Board and responsible for the day-to-day management of the affairs of the Board, and any other function prescribed under this Act or assigned by the Board. [Act No. 6 of 2009 , Sch.]

Section 11D. Other staff of the Board Section The Board may employ such number of other staff on such terms and conditions of service as the Cabinet Secretary may approve. [Act No. 6 of 2009 , Sch.]

Section 19.[Repealed by ActNo. 10 of 1997, Sch.]

Section 20.[Repealed by ActNo. 10 of 1997, Sch.]

Section 21.[Repealed by ActNo. 10 of 1997, Sch.]

Section 22.[Repealed by ActNo. 10 of 1997, Sch.]

Section 23.[Repealed by ActNo. 10 of 1997, Sch.]

Section 24.[Repealed by ActNo. 5 of 2007, s. 8.]

Section 25.[Repealed by ActNo. 5 of 2007, s. 9.]

Section 26.[Repealed by ActNo. 5 of 2007, s. 10.]

Section 27.[Repealed by ActNo. 5 of 2007, s. 11.]

Section 28.[Repealed by ActNo. 5 of 2007, s. 12.]

Section 29. Appeals Section Any person who is aggrieved by a decision of a licensing officer, licensing authority, or the Board may appeal to the Cabinet Secretary, and the Cabinet Secretary may, subject to this Act, confirm, vary or reverse that decision, and in so doing the Cabinet Secretary may give such directions in the matter as may be necessary to give effect to his decision and any decision of the Cabinet Secretary under this section shall be final. [L.N. 472/1963, Act No. 21 of 1966 , 1st Sch., Act No. 10 of 1997 , Sch.]

Section 30. Revocation of licence, etc., by Cabinet Secretary Section Any licence, certificate of approval, approval or permission issued or given under this Act may be revoked by the Cabinet Secretary at any time by notice in writing served personally or by post on the person to whom it was issued or given. [L.N. 472/1963, Act No. 21 of 1966 , 1st Sch.]

Section 31. Powers of entry, etc. Section 31(1) A police officer of or above the rank of Inspector, or any person authorized by the Cabinet Secretary in writing in that behalf, may, if he has reasonable cause to believe that an exhibition of a film is being or is about to be made or given on any premises, demand that the person in charge of those premises shall allow him free ingress thereto and afford him all reasonable facilities to ascertain whether such an exhibition is being or is about to be made or given and whether the provisions of this Act and of the regulations thereunder, and the terms and conditions of any certificate of approval, approval or permission issued or given thereunder, are being, or will be, observed. Section 31(2) If the officer or person, after production of his authority to any person reasonably requiring it, is unable to obtain ingress without unreasonable delay, he may without warrant enter the premises and inspect them to ascertain the matters referred to in subsection (1). Section 31(3) Where the officer or person as aforesaid is satisfied that an exhibition is being made or given in contravention of any of the provisions of this Act or of any regula...

Section 32. Penalties Section 32(1) Any person who is guilty of an offence under this Act shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding five years or to both such fine and imprisonment. Section 32(2)(a) where the offence relates to the making of a film, order the confiscation and destruction of the film, and revoke the filming licence (if any) relating to the making of the film, whether the person convicted is the holder thereof or not; Section 32(2)(b) where the offence relates to exhibition, order the confiscation and destruction of the film, and in addition, or instead, revoke any certificate of approval, approval or permission granted under this Act.

Section 33.[Repealed by ActNo. 5 of 2007, s. 13.]

Section 34. Offences by corporations, societies, etc. Section Where any offence under this Act or any regulations made thereunder is committed by a company or other body corporate, or by a society, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of the company, body corporate, society, association or body of persons shall be guilty of that offence and liable to be punished accordingly, unless it is proved by that person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.

Section 35. Regulations Section 35(1) The Cabinet Secretary may make regulations prescribing anything which under this Act may be prescribed, and generally for the better carrying into effect of the provisions and purposes of this Act. Section 35(2)(a) prescribing fees for anything to be done under this Act, generally or in respect of specified areas, and, for the purpose of prescribing fees, licences may be divided into different classes and a different fee prescribed for each such class; Section 35(2)(b) prescribing charges for, or for matters incidental to, the attendance of police officers and other persons at the making of films under section 7 ; Section 35(2)(c) prescribing the procedure for appeals to the Cabinet Secretary under this Act; Section 35(2)(d) deleted by ActNo. 5 of 2007, s. 14; Section 35(2)(e) prescribing the conditions to be observed in regard to the erection, alteration and equipment of any theatre or cinema in the Nairobi Area; Section 35(2)(f) prescribing the conditions to be observed in regard to securing the safety of theatres and cinemas from fire or other danger, or the safety and control of persons attending at theatres and cinemas in the Nairobi Area;...

Section 36. Exemption relating to the Government Section Nothing contained in this Act shall apply to the exhibition or making of any film by the Government. [Act No. 21 of 1966 , 1st Sch.]

Section 35A.[Deleted by ActNo. 21 of 1966, 1st Sch.]