City lawyer Danstan Omari has hit out at the Kenya Film Classification Board over demands made to gospel artiste Christopher Mosioma popularly known as Embarambamba.
KFCB ordered the musician to delete all his music videos uploaded to his YouTube channel and other social media platforms within the remaining two days of their earlier demand notice.
Omari is representing Embarambamba in the matter.
He wrote to KFCB citing discrimination following the demand saying Embarambamba’s songs had been singled out.
Omari also termed as “callous” KFCB’s demand for Sh6.4 million in fines from Embarambamba saying the musician’s work is as a result of “genius ideas”.
“One of the songs in issue ‘Niko Uchi’ forms part of his genius creations aimed at reaching the deaf who lack the ability to hear his message but are nonetheless able to understand the message from the pictures and scenes of the song,” Omari said.
“It is thus shocking and bewildering that instead of celebrating our client’s creativity and genius ideas of ministry, you have resolved to discourage him and intimidate him by making very scandalous and unmerited demands.”
Omari said the letter by KFCB lacked both precision and was discriminatory and hostile to Embarambamba’s right to fair administrative action.
He noted that while the Board made reference to over 1000 videos on his YouTube channel, it failed to particularise the videos with issue.
The lawyer faulted the board for failing to seek clarification, which resulted in making what he termed to as an administrative error.
Omari said KFCB’s obligation is to protect the intellectual property rights of the people of Kenya and expressed regret that his client has been denied this honour.
“Our client is lost on where he should obtain the millions you demand yet you and other state organs have frustrated his God-given ability regardless of your constitutional obligation,” he said.
Omari urged KFCB to reconsider the demand and instead support Embarambamba.
