At the risk of the lawyers on Board making more 'updated' views, our penal code (attached - Section 165)  clearly states LGBT issues as ILLEGAL in Kenya and punishable with a 5 year sentence! 
Clearly, a film about a Lesbian couple in Nairobi is a ridiculously imposed notion and Kenyans won't be taken for a ride with 'do you have a state religion' - it's not about a religion, it's about Kenyan values that do not include that notion. Blatantly yes! I am an academic and will not be intimidated to take on values that are not ours. Period. Very strongly on that!!!!!
Kudos to KFCB for banning Rafiki! 

Penal Code Section 165. 
165.  Indecent practices between males Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years

On Mon, May 7, 2018 at 11:33 PM, albert migowa via kictanet <kictanet@lists.kictanet.or.ke> wrote:

well said eric

On May 1, 2018 7:26 PM, "Eric Mugendi via kictanet" <kictanet@lists.kictanet.or.ke> wrote:
I believe we can be outraged by multiple things at once, which is why I find the "We have more important things to worry about" argument to be limiting and highly reductionist. Fine, the issue of gay rights may not matter to you right now where you are, but for someone somewhere it's an issue of their right to live and love as they please, and as such, it's pretty important to them. It shouldn't bother me what two consenting adults are doing, and indeed it doesn't. My faith is my faith, and no matter how much whatever these consenting adults are doing goes against it, that's their decision, not mine.
For Ezekiel Mutua to use a public platform to denounce a work of art because it goes against 'dominant values' not only completely goes against freedom of expression, it assumes that after watching this film, we shall all abandon our lifestyles, heterosexual or otherwise, and become absorbed in 'gayism'. So ridiculous.

On Tue, 1 May 2018 at 16:26, lucy gakaria via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Sidney,

I think it is possible for us as Kenyans to concentrate on  our multi-faceted issues like corruption, pathetic state of our healthcare system, constant strikes by public sector workers which have an adverse effect on the economy etc.

But to a limited extent Walu is also right, we have so many problems or so many Goliath's to slay in this country that the LGBT issue looks like a western problem.

If it’s human rights violations e.g Miguna and utter disobedience by the Government of court orders, I see where Walu is going by saying honestly we have bigger issues to fry than LGBT rights. 
We have deeper human rights issues than LGBT problem, how many times are people arrested in this country without knowing the reason why, driven round in circles in different police stations and not allowed to contact their next of kin or a lawyer. Police human right violations still continue unabated.
To me if there is a scale, LGBT issues honestly are the least of our problems right now.

Regards,
Lucy.

Sent from my iPhone

On Apr 30, 2018, at 20:07, Sidney Ochieng via kictanet <kictanet@lists.kictanet.or.ke> wrote:

Walu,
You've got to be kidding me "If these foreign agents could divert some of that pressure/money into helping us sort out our corruption issues" is, and I'm going to put it bluntly here, patent nonsense. More money is spent on fight corruption than a lot of other causes. Name, from the top of your head even 5 institutions that have managed to bring LGBTI issues to the forefront for national conversation. In fact almost every time this conversation happens in Kenya it's because the government is banning something. So maybe you need to talk the Kenyans artists who feel that these stories need to be told.

No one is forcing anything. You don't have to watch this movie or any other material that covers these issues. 

This thing of saying that we have more important issues is disingenuous, it's the same thing our president keeps doing in telling us to focus on development instead of corruption, hunger and education. We as a nation are not stupid or one dimensional, we can doing several things at once; you know like care that someone is dying of hunger, that someone else is being discriminated against and that internet access is still too expensive in this country;)

On 30 April 2018 at 19:13, Walubengo J via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Spot on Twahir,

Whereas we should not interfere in what  two consenting adults want to do in whatever form and manner, I just have a problem when it is forced down our thrown by mainly foreign money/masters.  

If these foreign agents could divert some of that pressure/money into helping us sort out our corruption issues, we probably will solve our basic issues (health, food, employment, infrastructure, etc) within 5yrs and be in better position to buy into what is clearly '1st-world' issues.

As our President told Obama and keeps reminding the western folks, this LGBTx-y-z-etc (abbreviations seem to be growing faster than I can interprate them) is someone else's priority; but for some reason, that someone seems to feel better if it becomes our priority.

Common, I have not had food in 2days and your are trying to tell me what LGBT-whatever is? Dont you think it is easier to have that discussion after my basics issues have been sorted?

I do appreciate that from a legal point of view, Ezekiel Mutua may not win the fight and even if he won, I am sure the movie is /will be online soon and Kenyans will view it either way.  However, we must deliberately refuse the agenda to  'normalize' what is clearly someone else's normal.

#We_just_have_other_priorities and deserve a break from this perpetual arm twisting.

walu.

On Monday, April 30, 2018, 6:32:09 PM GMT+3, Twahir Hussein Kassim via kictanet <kictanet@lists.kictanet.or.ke> wrote:


Reading from the preamble to the constitution, I would like to give my thoughts below within the text of the constitution copied from a previous email

CONSTITUTION OF KENYA

PREAMBLE
ACKNOWLEDGING the supremacy of the Almighty God of all creation:

My belief is that this is a declaration within the constitution that the supremacy of The Almighty is ABOVE ALL. I doubt if there is any religion that accepts LGBT relationships to be fine. Going back to the scripts we will NOTE a whole nation being destroyed due to this very act. Whether Kenya has a state religion or not GAY relations shouldn't be ok. 

HONOURING those who heroically struggled to bring freedom and justice to our land:

PROUD of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation:

Proud of ethnic diversity, none of our diverse culture agree with this act. Am not refuting that it has been practised for donkey years; however NEVER has it been FORCED DOWN our throats to accept it as a norm. We did interact with gays before but they were not openly blatantly plying their trade. This only started when the west started pushing.

There is a LINE we as a people MUST DRAW! Come on guys!

RESPECTFUL of the environment, which is our heritage, and determined to sustain it for the benefit of future generations:

COMMITTED to nurturing and protecting the well-being of the individual, the family, communities and the nation:

RECOGNISING the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law:

 If we play the HUMAN RIGHT card, then why arrest a consenting adult who chooses to commit suicide? Isn't it his right to live?

Freedom comes with responsibility and most of all we OWE it to the generations to come to maintain a MORAL FABRIC that reflects us as a people! LGBT doesn't stand the test of morality if it goes against the very supreme being that we claim to acknowledge!

EXERCISING our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this Constitution:

ADOPT, ENACT and give this Constitution to ourselves and to our future generations.

GOD BLESS KENYA 

These are my opinions, I don't mean to disrespect anyone. 

Twahir


On Apr 30, 2018 15:26, "Lawrence Dinga, CISSP via kictanet" <kictanet@lists.kictanet.or.ke> wrote:
@Alex

I am open to any introduction and as I said the issue of morality is
subjective and conscience based. You may see gay relationship as okay and
right from your perspective. However, to another person, it may be immoral
depending on one's beliefs.

The board has also given the reasons behind the ban.


Regards


-----Original Message-----
From: Alex Comninos
Sent: Monday, April 30, 2018 3:09 PM
To: KICTAnet ICT Policy Discussions
Cc: ldinga@managecom.co.ke
Subject: Re: [kictanet] Banning of the FILM Rafiki

@Lawrence

Why is love between two consenting non-abusive people a morality issue?

Please explain?

There are many issues of morality in relationships, but what does the
sexual orientation of the partners have to do with anything?

So basically you are saying being gay is immoral, it would be nice if you
could back that up without resorting to the first testament.

Once again, I am more than willing to introduce you to my LGBT friends and
their morality. If you would like to be introduced and learn something,
contact me.

Kindly,
Alex
On Mon, 30 Apr 2018 at 14:05, Lawrence Dinga, CISSP via kictanet <
kictanet@lists.kictanet.or.ke> wrote:

> Religion a side I think this is an issue of morality but I agree,
morality can be subjective and depends on one’s conscience.

> Regards

> From: Mwendwa Kivuva via kictanet
> Sent: Monday, April 30, 2018 2:50 PM
> To: ldinga@managecom.co.ke
> Cc: Mwendwa Kivuva
> Subject: Re: [kictanet] Banning of the FILM Rafiki

> KFCB always makes roadside pronouncements that would not pass any legal
threshold.

> And quoting the Bible here is imposing your religion on others who
believe in different deities.

> Ebele, No, there is no State religion in Kenya, and our constitution
recognises freedom of worship.

> Article 32 of Kenyan Constitution:

> 32. FREEDOM OF CONSCIENCE, RELIGION, BELIEF AND OPINION

> (1) Every person has the right to freedom of conscience, religion,
thought, belief and opinion.

> (2) Every person has the right, either individually or in community with
others, in public or in private, to manifest any religion or belief through
worship, practice, teaching or observance, including observance of a day of
worship.

> (3) A person may not be denied access to any institution, employment or
facility, or the enjoyment of any right, because of the person's belief or
religion.

> (4) A person shall not be compelled to act, or engage in any act, that is
contrary to the person's belief or religion.






> On Mon, Apr 30, 2018, 2:36 PM Ebele Okobi via kictanet <
kictanet@lists.kictanet.or.ke> wrote:

>> Does Kenya have a state religion?

>> On 4/30/18, 12:33 PM, "kictanet on behalf of Lawrence Dinga, CISSP via
kictanet" <kictanet-bounces+ebeleokobi=fb.com@lists.kictanet.or.ke on
behalf of kictanet@lists.kictanet.or.ke> wrote:

>>      Dear Alex,

>>      I don’t know much about the movie but if it is about lesbianism then
it is
>>      immoral and ungodly.
>>      God only approves a relation between a man and a woman

>>      Leviticus 18:22
>>      You shall not lie with a male as with a woman; it is an abomination.

>>      Genesis 2:24
>>      Therefore a man shall leave his father and his mother and hold fast
to his
>>      wife, and they shall become one flesh.

>>      Regards



>>      -----Original Message-----
>>      From: Alex Comninos via kictanet
>>      Sent: Monday, April 30, 2018 2:05 PM
>>      To: ldinga@managecom.co.ke
>>      Cc: Alex Comninos ; KICTAnet ICT Policy Discussions
>>      Subject: Re: [kictanet] Banning of the FILM Rafiki

>>      I am not sure what the film is about in its entirety, but the main
>>      storyline is a lesbian romance in Nairobi. It is the first Kenyan
film to
>>      be nominated for the Cannes film festival and will premiere there on
the
>>      8th of May.

>>      Here is the trailer for the film
https://www.youtube.com/watch?v=7M_-ucSaFpU


>>      On Mon, 30 Apr 2018 at 12:57, Dorcas Muthoni <dmuthoni@gmail.com>
wrote:

>>      > What is the film about?

>>      > On Mon, Apr 30, 2018, 1:55 PM Alex Comninos via kictanet <
>>      kictanet@lists.kictanet.or.ke> wrote:

>>      >> Hi

>>      >> I was shocked to learn that the film classification board has
banned an
>>      >> LGBT film, Rafiki.

>>      >> Our Film and Publication Board recently attempted this but it was
>>      reversed
>>      >> by the courts.

>>      >> Films are ICTs and we should be discussing this on the list.

>>      >> I am looking forward to the discussion.

>>      >> Kind regards,
>>      >> Alex

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platform
>>      for people and institutions interested and involved in ICT policy
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>>      --
>>      ...
>>      Alex Comninos

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>>      The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
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>>      KICTANetiquette : Adhere to the same standards of acceptable
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sector in support of the national aim of ICT enabled growth and development.

>>      KICTANetiquette : Adhere to the same standards of acceptable
behaviors online that you follow in real life: respect people's times and
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for people and institutions interested and involved in ICT policy and
regulation. The network aims to act as a catalyst for reform in the ICT
sector in support of the national aim of ICT enabled growth and development.

>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
online that you follow in real life: respect people's times and bandwidth,
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
for people and institutions interested and involved in ICT policy and
regulation. The network aims to act as a catalyst for reform in the ICT
sector in support of the national aim of ICT enabled growth and development.

> KICTANetiquette : Adhere to the same standards of acceptable behaviors
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for people and institutions interested and involved in ICT policy and
regulation. The network aims to act as a catalyst for reform in the ICT
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> KICTANetiquette : Adhere to the same standards of acceptable behaviors
online that you follow in real life: respect people's times and bandwidth,
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--
...
Alex Comninos
http://comninos.org


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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.


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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.




--

Sincerely, 

L.W. Gichaga, PhD

 The BEST is yet ahead! 

●Twitter: @LWGichaga ● Pinterest