Kenya’s
Pro-Censorship Culture Will Damage Lives
On February 13, Ian
Njenga, a high school Fine art student at Bahati Boys in Nakuru town, located
157 kilometers North West of Nairobi, in the Rift Valley region was expelled
from school over what the school’s administration termed as demonic drawings.
Njenga’s expulsion
comes in the backdrop of a trashed proposal by the Kenya Film and
Classification Board through a
draft Films, Stage Plays and Publications Act last year that gave the
board discretionary powers to determine art and creative works as objectionable contrary to what the Board
permits for public consumption.
The Board has also
received strong criticism for its overzealous censorship that has been stretched
from films regulation to censorship of podcasts, social media, and commercials.
While the attempt
to introduce draconian regulations for creative sector might have backfired,
the pro-censorship mindset has already been installed in many people’s minds.
Njenga’s case is a
stark example of the chilling effect of a pro-censorship mentality stemming
from such bad laws.
One of Njenga’s
drawings of a lady’s silhouette in a suspended position with wings attached to
it plus intricate graffiti fonts below it must have perhaps caused his
‘investigators’ much consternation.
It is an eccentric
work of art that should not warrant a suspension but rather foresighted
artistic nurturing by his teacher.
The Constitution of
Kenya 2010 explicitly guarantees the freedom of artistic creativity in Article
33(1) (c) and also explicates the impermissible forms of expression as those
that entail propaganda for war, incitement to violence, hate speech, or
advocacy for hatred.
Additionally,
Article 24 of the Kenyan constitution also outlines that rights might only be limited ‘by law, and
then only to the extent that the limitation is reasonable and justifiable in an
open and democratic society’.
To claim that
innocent works of art by an art prodigy are ‘demonic’ is to indignify this
young man contrary to Article 28 of the constitution which states that
everyone’s dignity should be ‘respected and protected.
This fear of the
uncommon emanates from the same phobia disorder that birthed homophobia,
xenophobia, tribalism, and racism – repellent tones of social organization.
Notably, all of
these repellent attitudes are not institutionalized in any way through outright
laws.
In cases where
there were laws or attempts to introduce them, they were successfully trashed
by those who adopted a human rights approach to human relations, and how those
relations should not be regulated by the state.
Phobia narratives
appeal easily to people’s emotions rather than their rationality.
When such
dismissive and divisive positions are deposited into people’s minds, they
unsettle and corrode their appreciation of inalienable human rights like that
of expression.
Resultantly, while
there might not be any legal contestations around how to regulate film, art,
and literature, some Kenyans, especially those in positions of authority, are
predisposed to a binary appreciation of what pertains to the domain of morality
and what does not.
It only took Njenga
hurtles eccentric art work to be expelled from school despite not having a
single disciplinary case in the four years he has been in high school.
The headteacher,
backed by the school’s board, is adamant in not readmitting Njenga to the
school.
In fact, he was
recorded as saying that in place of snakes and scorpions, which Njenga also
drew, he could have drawn inspiration from cows or even done portraits of other
students.
Inspiration, and
art, do not work like that.
This pro-censorship
mentality curbs self-actualization and inhibits people’s imaginations –
features of a self-defeating democracy.
The corrosion so
far of a human rights based appreciation of what pertains to morality can be
undone in several ways.
First, we should
encourage reading of human rights literature in schools for both students and
teachers.
Such literature
promotes basic values of human rights through realistic and fictional
depictions of life.
Second, plans by
the Education Ministry and the Higher Education Loans Board to give more money
to students pursuing sciences as opposed to those pursuing arts and humanities
should be dropped.
There should be
proportionate funding for all courses.
Overfunding science
learning at the chagrin of the arts and humanities produces a mechanical
citizenry incapable of philosophizing outside the predetermined political
arrangements.
Third, we should
demand for integrity from our religious institutions. Our mega churches and
mosques have failed to deliver mega integrity.
While it is in
society’s interest that learners adopt an upright direction in life as they
grow older, we should not subject students to our failed moralist strictures.
Moreover, in these
times of ideological clashes, religious institutions should strive to order
society towards integrity as opposed to contestations of what is more moral
than the other.
As in Ian Njenga’s
case who might fail to be readmitted or be admitted to another school and sit
for his Kenya Certificate of Secondary Education exams without state and
activists’ intervention, the prevailing pro-censorship culture will affect and
damage many people’s lives.
As in Ian Njenga’s
case who even upon readmission might be termed as being a member of a cult, the
prevailing pro-censorship culture will affect and damage many people’s lives.
It must be tamed
early enough.
This article was published in the April 2017 edition of THE PLATFORM maagazine (theplatform.co.ke)
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