“The petitioner is therefore seeking to declare unconstitutional what has been declared constitutional by a court of competent jurisdiction. I accept the submissions by the respondents that the petition herein is res judicata, with the consequence that it is struck out,” said the judge
The film was banned by the Kenya Film Classification Board (KFCB) in April 2018 on the basis that it promotes homosexuality, which is illegal in Kenya.
The fresh petition was filed by Michael Kioko, who argued that the board violated freedom of expression when it banned the distribution of the film.
Mr Kioko had filed the case seeking for the court to declare that the Dr Ezekiel Mutua-led board had violated their constitutional right when it banned the distribution, exhibition, broadcasting, and possession of the film in Kenya.