BY SAM ALFAN.
Alcoholic Beverages Association of Kenya have moved to court seeking orders to stop Kenya Film and Classification Board from arresting and prosecuting East Africa Breweries Limited and Africa Spirits Limited Chief Executive Officers and board directors for allegedly breaching the film and stage Plays Act.
According to the petitioners the board accused association members of airing television of unclassified Alcohol Advertisement during the watershed period in contraventions of the Film and Stage plays Act.
“We want temparory orders restraining film board or any person claiming to act on their behave from arresting and prosecuting Chief Executive Officer and board directors on account of the alleged breach of Film and Stage plays Act” submitted lawyer.
Through lawyer Peter Wanyama, the court was told that the Chief Executive Officers of the members of the Alcoholic Beverages Association Board namely East Africa Breweries Limited and Africa Spirits Limited are facing imminent prosecution as per letter addressed to them dated 3rd January 2016 by the Kenya Film and Classification Board.
Wanyama further argues that Kenya Film Board have assured the directors of the companies of a serious breach of laws and threatened to proceed and prosecute them if they don’t comply with the demands calling on them to stop the advertisement from airing.
In response to the said letter, the petitioners informed the film board that it was overstepping its statutory mandate by venturing into the regulation of advertisements.
“The file and Stage Plays Act cap 222 of the Laws of Kenya does not confer the film board with regulatory powers over television advertisements or at all,”reads the petition.
The film and Stage Act provides that all films produced must be licensed by the agency and later submitted for examination and classification before being aired to the public.
Any person who is found guilty of the offence under the article is liable to a fine not exceeding 100,000 shillings or to imprisonment for a term not exceeding five years or to both such fine and imprisonments.
Justice Aburili Roselyne Ekirapa directed the application to be served to film board, Attorney General and Kenya Communication Authority of Kenya and the matter will be mention on the 8 of February for further directions.
