Ezekiel Mutua is turning out to be the most controversial government employee, ever. As the Kenya Film Classification Board boss, he is at the centre of a brewing fight with the film and theatre stakeholders.

This is because, his draft bill is being sen as a censorship law that will impede the creativity of the film and theatre industry.

In a long online post, Ezekiel Mutua defends his draft bill.

We are on the right side of history. We have re-energized the film industry in Kenya. Never before has there been such enthusiasm among the stakeholders. We have created a national conversation and got the country talking about moral values, the influence of media content on the country's moral fabric, the development of the film industry, growth vs regulation etc, and there is a national debate on where to go from here.

Rather than see this as a threat to freedoms, I urge the media and film industry stakeholders to see it as a beginning of new chapter. We have a new constitution and no one can make a law that contravenes the Constitution.

No one has challenged our decisions in court and even if that opened we would take it positively and use it to better our laws and regulatory framework. KFCB's principal role is regulation. We must not confuse this with the work of Kenya Film Commission.

KFCB is established by an Act of Parliament and only Parliament can change the law. The Presidential Task Force on Parastatal Reforms in 2013 expanded KFCB mandate to include licensing film producers, a function hitherto held by the Department of Film Services. The Programming Code for Free-to-air radio and television services in Kenya in July further expanded our mandate on content classification. We have other laws donating more powers to KFCB.

Our desire now is to harmonise these functions and align our mandate to the Constitution. We have no intention of fettering freedoms. Shooting of movies sometimes involves use of fire arms. This is where the police role comes in or in cases where there is reason to believe that the film being shot contravenes the law or involves such illegal activities like drugs, human trafficking, acts of terrorism, exploits the nudity of children or involves the child pornography etc.

In general, the role of the police in the licensing process should not be seen as introduction of dictatorship. Film makers must also be sure of their safety. Law making is a complex process and must have public participation. KFCB is willing to engage with all stakeholders to ensure that content upholds our values as a nation.

The exposure of children to potentially harmful content must be our priority. All stakeholders must see this as a critical component of this process. We all want the industry to grow. We want employment for our youth. We want incentives.

But above all we want content that builds rather than destroy values. The country becomes easy to govern and grow economically when our values are defined and clear.

We need a stable Kenya and for that to happen regulation, not control, is necessary

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