William Getumbe, a controversial gospel artist renowned for his provocative track “Yesu Ninyandue,” has faced a setback in his legal dispute with the Kenya Film Classification Board (KFCB). He sought Sh2.4 million in damages, alleging unlawful censorship and financial harm due to the board’s ban on his song. However, the High Court has rejected his claims, determining that they lacked sufficient merit and did not fulfill the necessary legal criteria for compensation.
Getumbe, who has made headlines before for provocative lyrics and public statements, argued that KFCB’s ban not only hurt his income but also infringed on his constitutional right to artistic expression. The ban came after widespread complaints that the song violated public morality and religious sensibilities, a stance KFCB echoed in its response. Despite the controversy, Getumbe maintained that his song was a form of religious expression and should not have been subjected to censorship.
William Getumbe is no stranger to controversy. Often referred to as a gospel rebel, he has cultivated a reputation for pushing boundaries in a genre typically associated with conservative values. “Yesu Ninyandue,” which loosely translates to “Jesus Is My Husband,” sparked outrage for its unorthodox interpretation of faith and perceived blasphemy. Yet, Getumbe has always stood firm, stating that his goal is to “speak divine truth in raw form.”
Getumbe’s musical style blends gospel, spoken word, and African traditional elements. While some hail him as a creative genius, others accuse him of using shock value to gain popularity. His case against the KFCB was widely viewed as a test of how far freedom of expression could be stretched in Kenya’s regulated media environment.
Getumbe’s petition claimed that the KFCB overstepped its mandate by banning “Yesu Ninyandue” without giving him a fair hearing. He argued that the ban led to financial losses, especially on digital platforms where the song was gaining traction. According to him, the censorship caused reputational harm and violated his rights as an artist.
On the other hand, KFCB maintained that its decision was within the law. The board cited its responsibility to shield the public, especially minors, from content that promotes immorality or contradicts national values. The board’s statement argued that the lyrics in “Yesu Ninyandue” had crossed the line from creative expression into offensive content.
The High Court, in its ruling, dismissed the petition entirely. The judge noted that while artists have the right to freedom of expression, that freedom is not absolute. The court emphasized that national values and public morality must be considered when evaluating artistic works. In this case, the judge said, the KFCB acted within its legal scope and followed due process.
The ruling further indicated that Getumbe failed to provide sufficient evidence proving economic damage resulting directly from the ban. Additionally, the court criticized the lack of legal substance in his compensation demand, stating that the amount claimed appeared speculative and unsubstantiated.
