Problem
On 11th October 2022, Wasanii Girls High School applied to the Kenya Film Classification Board for permission to present their film for screening at the annual Film Festival, which was to be held in Kitui County from 9th to 11th December, 2022. The film they intend to screen is titled 'A Doomed Nation'. The story is about a State called Keniah. According to the producers, the central Government constructed a railway line that connects its port city of Samaba, in the North, to the capital, Nairoberry. The film depicted that, while the rail project was originally designed to cost US$1 billion, its eventual cost was US$ 2.6 billion. The main actor, Stitoh, is seen carrying white envelops regularly to Tei Restaurant-a posh establishment frequented by Government officials who are in charge of implementing the rail project. As she walks out the restaurant, Stitoh is over-heard speaking on the phone in one instance:
I have sorted [the name of the official] out. [The name of the official] was quite difficult to deal with. Crazy demands were made. The fat facts wanted US$ 6 million to release the final payment. You know my team. We always deliver. The coast is clear. The pending payment of US$600 million will be settled in a week. You must now prepare the lions share.
Upon review, the Board refuses to issue this entry with a license. According to the Chair, the film:
Is contrary to section 5 of the Kenya Film Classification Board Classification Guidelines, 2012. Clearly, it the intended film depicts 'anti-social behaviour'. Consequently, I have disqualified it from the forthcoming Film Festival.
The school is incensed by the decision of the board. We were just "exercising our freedom of expression. Surely, is this not a key right under the Constitution of this country"?
1. You are an experienced legal practitioner in Kajiado County running a successful practise. The principal of Wasanii visits your law office. She is accompanied by Chemsha, a well-known activist in the County. They would like to know whether the action of the Board violated the expression rights of the institution. Draft your legal opinion for discussion with the client.
2. You are the legal officer of the Board. The CEO requests you to advise the Board on whether their actions violated the rights of the institution. How is the board supposed to be advised
3. You are a Judge sitting at the High Court in Machakos. Chemsha files a petition in your court challenging the decision of the Board. The documentation in (i) and (ii) above form the basis of the pleadings in this matter. Set out your reasoned judgement for delivery on 27th January 2023 at 3 p.m.