Freedom of expression in Kenya: A study of section 16 of the film and stage plays act and its role in curtailing freedom of expression

Abstract

The main aim of this paper is to analyse the constitutionality of Section 16 of the Film and Stage Plays Act. This will be done by considering its impact upon one’s guaranteed right to expression and the limitation clause. Additionally, the paper will consider the ambiguity in the provision which warrants its official to arbitrary power in regards the censorship of artistic expressions. The other objective includes comparing the Kenyan legal framework on expression to that in United States of America and South Africa. This paper has made use of secondary sources such as book and journals, and case laws from respective countries. The major findings of this paper are that Section 16 of the Film and Stage Plays act is too vague and broad to form a substantive, constitutional law. In this way, it has granted arbitrary power to the board in censoring arts hereby limiting one’s freedom of expression. Thus, to this end the paper recommends the section be reviewed amongst other recommendations.