On Monday I saw a series of tweets by one Dan Aceda on the Film and Stage Plays Act 1962 which governs the Kenya Film Classification Board (KFCB). I have to say that i was was shocked that such rules existed in 2016 yet our government purports to support the creative industry. 1962 was the year that KFCB now governed by Ezekiel Mutua was created, it is worth noting that the laws were created before independence. The import of this is that the colonialists must have put the laws in place to stifle the creative industry at that time in a bid to prevent them from producing films or acting plays that would further fuel the agitation for independence.
Here are some of Dan Aceda’s tweets;
Ok kids. Let’s talk about Hw to make a film in KE (if you follow the rules as enforced by KFCB)
— Dan Aceda – Inua (@danaceda) October 3, 2016
First Article 4 of the act prohibits the production of film without a license. So unlike farmers, producers of film need a license to work.
— Dan Aceda – Inua (@danaceda) October 3, 2016
The annual license is 15,000. You get this from KFCB and if you make a film without it you can be jailed. So, how to get a license?
— Dan Aceda – Inua (@danaceda) October 3, 2016
Apply to KFCB and a licensing officer at his discretion can approve, reject or give with conditions.
— Dan Aceda – Inua (@danaceda) October 3, 2016
But for each film you do you must get a separate license. Ok? For this you apply with your script. Licensing officer has discretion.
— Dan Aceda – Inua (@danaceda) October 3, 2016
He can approve with conditions. One of which is that you film under supervision of a Police Officer (who has powers to stop you at any time)
— Dan Aceda – Inua (@danaceda) October 3, 2016
Now this 2nd approval process also has a seprate cost. There’s a scale. Let’s assume we are making a short film so we pay Kes 10,000 to KFCB
— Dan Aceda – Inua (@danaceda) October 3, 2016
To be clear, this 2nd application process must be done separately for each film you do. So 10 films a year = 100,000 to KFCB
— Dan Aceda – Inua (@danaceda) October 3, 2016
Now assume you get approval. No you need to get a KFCB filming permit. This is Kes 1000 for every day that you plan to film. Tuko pamoja?
— Dan Aceda – Inua (@danaceda) October 3, 2016
Some films take 20 days, so hapo tulipe KFCB Kes 20,000. Total so far is Kes 45,000 to KFCB in advance of getting a cast/crew.
— Dan Aceda – Inua (@danaceda) October 3, 2016
And if you film for more days that 20, you must pay KFCB for extra days.
— Dan Aceda – Inua (@danaceda) October 3, 2016
All this is assuming you are filming in your own premises. If you use Public spaces /private spaces you pay Kanjo or others separately.
— Dan Aceda – Inua (@danaceda) October 3, 2016
Lets’ assume we get here and finish our film. We must go back to KFCB for them to do classification. Charged separately @ Kes 100/min
— Dan Aceda – Inua (@danaceda) October 3, 2016
Wait I made a mistake up there. So some of this cash is going to DFS. Asante @moniangoh2030 Total to serikali still at Kes 48,000.
— Dan Aceda – Inua (@danaceda) October 3, 2016
Haya tuendelee. Assuming you want to sell, KFCB now will give you a sticker with your rating. One sticker per copy @ Kes 10 .
— Dan Aceda – Inua (@danaceda) October 3, 2016
If you are successful and think you can sell 1M copies, tafuta KES 10M to pay to KFCB in advance.
— Dan Aceda – Inua (@danaceda) October 3, 2016
If you choose to show your film at a place that’s not a theatre you need a separate exhibitor license. Separate application process.
— Dan Aceda – Inua (@danaceda) October 3, 2016
@SLMugambi Yes. THis excludes your cast, crew, gear, office or any other expenses
— Dan Aceda – Inua (@danaceda) October 4, 2016
The charges and licenses required to film are very punitive to say the least and many talented Kenyan filmmakers cannot be able to afford the same. No wonder other countries in Africa like Nigeria are so ahead of us when it comes to films. Despite having some of the most scenic film locations, foreign filmmakers still give Kenya a wide berth preferring to go to South Africa where the conditions are more favorable. This is due to such policies and the lack of incentives provided in these countries.
Other than supporting filmmakers, a repeal/amendment of the 1962 Act can boost the industry to become a good revenue stream for our cash strapped government. In Nigeria for example their Bureau of Statistics estimates the industry’s share of Nigeria’s GDP at 1.4 percent, It is also the country’s second biggest employer after agriculture. Whereas in South Africa’s case the film industry contributes about $305 million to the country’s GDP according to the country’s National Film and Video Foundation.
You can find the Film and Stage Plays Act here.