Films and Stage Plays Act

The Act may be cited as the Films and Stage Plays Act.

Section 2 provides definitions and interpretation for terms used in the Act (e.g. "Board", "certificate of approval", "child", "film", and others).

The licensing officer may exempt films (in writing or by Gazette notice) from the provisions of this Part, either for particular films or classes of films, generally or by reference to the person or class of persons making them.

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

Making films for public exhibition or sale in Kenya is prohibited unless done under a filming licence issued by the licensing officer.

The licensing officer may accept incomplete applications in his discretion and may require certified English translations of non-English parts of a film.

The licensing officer may, in his discretion, issue or refuse a filming licence, and may impose conditions including requiring a police officer (Inspector or above) or other appointed person to be present during filming.

If the holder of a filming licence wants to make material alterations or additions to a film, they must apply in writing to the licensing officer for permission and include the licence and particulars; translations may be required. The licensing officer must endorse the decision (and any conditions) on the filming licence.

No film may be made except in accordance with the particulars furnished to the licensing officer; persons listed for making a film in contravention of that rule shall be guilty of an offence.

Police or appointed persons present under a filming licence may intervene (including by force) to stop dangerous or cruel scenes; if they intervene they must promptly notify the licensing officer, who may allow resumption (possibly with conditions) or refuse; obstructing such officers or resuming filming without permission is an offence.

Establishes the Kenya Film Classification Board.

The Chairperson is appointed by the Cabinet Secretary.

The Board may co-opt persons to examine and classify films.

The Board must appoint a chief executive officer; the chief executive officer must serve as the Board's accounting officer and manage day-to-day affairs and other functions prescribed or assigned.

The Board may employ other staff on terms and conditions of service approved by the Cabinet Secretary.

No person may exhibit or distribute a film to a public exhibition unless registered as an exhibitor or distributor by the Board and issued a certificate.

Persons must not display posters in public or visible from public places unless the Board has first approved them; an authorized person may require removal or obliteration of objectionable posters; contravention is an offence.

The Board may require an English translation (certified to its satisfaction) of any film or poster containing non-English writing or speech, or may submit such material for examination and report.

Section 15 sets out the functions of the Board, including examining films and posters for classification; imposing age restrictions; giving consumer advice with due regard to protecting women and children; licensing and issuing certificates to distributors and exhibitors; prescribing application procedures for licences; and setting classification guidelines.

The Board must not approve films or posters that it considers prejudicial to public order or offensive; when it approves a film or poster it must give the applicant a certificate; and if it approves subject to excisions the Board has the power to make and retain those excisions.

The Board must issue a certificate labeled "for adults only" restricting admission of children; persons who exhibit films or display/post advertisements in breach of those restrictions commit an offence.

If matter other than the certificate of approval or the Board's prohibition or ruling is added to a film after Board approval, the film is treated as if no certificate of approval has been given.

Section 19 has been repealed.

Section 20 has been repealed.

Section 21 has been repealed by Act No. 10 of 1997, Schedule.

Section 22 is repealed.

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

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

Section 25 is repealed by ActNo. 5 of 2007, s. 9.

Section 26 has been repealed.

Section 27 was repealed by ActNo. 5 of 2007, s. 11.

Section 28 was repealed by Act No. 5 of 2007, s. 12.

Aggrieved persons may appeal decisions of licensing officers/authorities/Board to the Cabinet Secretary; the Cabinet Secretary may confirm, vary, reverse decisions and give directions; the Cabinet Secretary's decisions under this section are final.

The Cabinet Secretary has the power to revoke any licence, certificate of approval, approval or permission issued under the Act by serving a written notice personally or by post on the person to whom it was issued.

Police officers (Inspector or above) or persons authorized by the Cabinet Secretary may demand and obtain free ingress to premises where they reasonably believe a film exhibition is being or is about to be shown, inspect premises (including entering without warrant if delayed), demand to see certificates for public exhibitions, order exhibitions to stop for non‑compliance, and persons who obstruct or fail to comply commit an offence.

Persons guilty of an offence under this Act may be punished by a fine up to one hundred thousand shillings, imprisonment up to five years, or both.

Section 33 is repealed.

If an offence under the Act is committed by a company, society, association or similar body, every person who is in control or management of that organisation "shall be guilty" and liable to punishment unless they can prove lack of knowledge or that they took all reasonable steps to prevent it.

The Cabinet Secretary may make regulations to prescribe matters and give effect to the Act.

Section 35A was deleted by Act No. 21 of 1966 (1st Schedule).

The Government is exempted: the Act does not apply to the exhibition or making of any film by the Government.