The Court of Appeal has upheld a decision giving the Kenya Film Classification Board the mandate to regulate TV advertisements promoting alcoholic drinks.
In a blow to the Alcoholic Beverages Association of Kenya (Abak), three judges said KFCB’s mandate extended to TV advertisements submitted for exhibition by ABAK members.
ABAK rushed to court in 2017 after KFCB wrote to its members complaining that they were airing advertisements during the watershed period contrary to the Kenya Information and Communication Act.
ABAK argued that the Kenya Film Classifications Advertising Regulations did not confer on KFCB express statutory powers to license, examine, approve and classify alcoholic adverts. The case was first dismissed in May 2017.
“There is nothing to suggest that the interpretation given is not proportionate to achieving the purpose for which the legislation was passed,” Justices Daniel Musinga, Fatuma Sichale and Helen Omondi said.
