Why Embarambamba is in trouble with authorities yet again

The Kenya Film Classification Board (KFCB) wants controversial singer Christopher Musioma aka Embarambamba to take down more of his "offensive" songs online.

But he has protested the move through his lawyer, Danstan Omari.

For what they say is an infringement, the board also wants him to pay "outstanding film and licence fees totalling Sh6.4 million".

In a letter to KFCB acting CEO Nelly Muluka, Mr Omari says his client is "a minister of the word of God" whose "creative works have always been done to preach the gospel and win souls to Christ".

He claims that Embarambamba is deeply disturbed by the "insensitivity" of the KFCB's Sh6.4 million demand and that the singer, like other musicians in Kenya, has been receiving meagre royalties from the Music Copyright Society of Kenya (MCSK).

"Our client, like other musicians in Kenya, receives meagre royalties from the MCSK, a fact you are well aware of. As such, our client is at a loss as to where to get the millions you are demanding," reads Mr Omari's letter.

The lawyer points the finger at the KFCB and other state organs for frustrating Embarambamba's growth as a musician and his God-given abilities, yet it is these bodies that are supposed to support his talent and growth.

"It is shocking and confusing that instead of celebrating our client's creativity and ingenious ideas of service, you have decided to discourage and intimidate him by making very scandalous and undeserved demands," said Mr Omari.

The lawyer says it is Embarambamba's genius to have created some of the controversial songs such as the one entitled 'Niko Uchi'.

"... 'Niko Uchi' is part of his ingenious creation aimed at reaching the deaf who are not able to hear his message but are still able to understand the message from the images and scenes of the song," the letter continues.

On 28 February 2024, Ms Muluka wrote to Embarabamba about his over 1000 song videos on YouTube, especially the one titled 'Niko Uchi'.

"Your over 1,000 videos on YouTube and the one titled 'Niko Uchi' among others have been criticised for being blasphemous and containing offensive and vulgar language, thus eliciting strong reactions and outcry from the public," Ms Muluka's letter reads in part.

As a result, the KFCB demanded that Embarambamba stop distributing and broadcasting his music videos.

He was also ordered to comply with the law by obtaining a film licence and classification before showing them to the public.

But Mr Omari accused Ms Muluka of lacking precision and being discriminatory and hostile towards Embarambamba.

"While you refer to the over 1000 videos on our client's YouTube channel, you have failed to identify the videos in question," he said.

Mr Omari accused the KFCB of failing to provide his client with a fair administrative process by not inviting him to a board meeting to clarify some of the issues that led to the "administrative error".

"We note that your impugned decision is discriminatory and hostile to our client's right to equality before the law," he wrote.

"It is highly suspected that the immediate demand is influenced by your bias and contempt towards our client and not for any other lawful purpose," Mr Omari claimed.

The lawyer wants the KFCB to reconsider its "callous demand" and support Embarambamba in his creative endeavours that resonate with his audience.

By Tuesday this week, Embarambamba told the Nation that he had managed to delete over 100 songs from his YouTube channel and other social media sites in an attempt to comply with the KFCB's demands.

"My channel has 1000 songs. I have managed to delete over 100 videos and I may not be able to delete all of them due to time constraints," he said.

On Monday, the KFCB took the artiste to task for using vulgarity, nudity, indecency and violent dance styles in his content.

Some of his songs are titled 'Nimebeba Nyundo', 'Nataka Nikuingize ndani Yesu', 'Imesimama', 'inyigwete ndine', 'Mama nariegwa', 'Yasoire bono Samira' and 'Napenda Mbele - Sipendi Nyuma'.

Embarambamba's critics claim that his songs usually contain repetitive 'obscene' verses, which in the Kenyan context refer to sexual acts.

As such, the board alleged that Embarambamba had contravened sections 4(Part II) and 12 of Cap 222, which regulate the creation, broadcasting, possession, distribution and exhibition of audio-visual content in Kenya.

The artist said KFCB officials told him that so many people from Gusii region had written letters saying "Embarambamba is a witch - a very bad person".

The musician, whose genre of music is difficult for many to classify, told the Nation that he is a poor man who does not have such huge sums to dispense with.

"My songs put food on the table for my parents and send my children to school. I have no other job," said a shaken Embarambamba.

During Monday's meeting, Embarambamba had agreed to abide by the demands and recommendations set out in the Board's demand letter.

In an earlier interview, Embarambamba told the Nation that his 'gospel' songs were not vulgar and that it was people with 'dirty minds' who misinterpreted them.

"When people hear the words 'nasikia nipande' (I feel like climbing), they think it's climbing in the context of making love. They don't hear 'I feel like getting into Jesus' vehicle'," Embarambamba said at the time. 

KFCB has since called on established and emerging content creators to produce content that promotes Kenya's culture, moral values and national aspirations while ensuring that children are not exposed to inappropriate content.

"Going forward, the KFCB remains committed to ensuring an enabling regulatory environment to promote the growth of the film industry in line with the fifth pillar of the Bottom-Up Economic Transformation Agenda (BETA) and the Talanta Hela Initiative, a flagship programme of the Ministry of Youth, Creative Economy and Sports," the KFCB said in its statement on Monday.

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