Technology Company Google has explained why the Kenyan gay music video banned last month by the Kenya Films and Classifications Board (KFCB) is still available on YouTube.
The music video, 'Same Love' by a group known as Heart Attack, was banned after KFCB claimed that it contained graphical sexual scenes between people of the same gender as well as depiction of nudity and pornography.
In a letter addressed to KFCB boss Ezekiel Mutua, the technology firm stated that Google Kenya had no authority to pull down any flagged content on its website.
The letter signed by Google's sub-Saharan Africa lawyer, Ife Osaga-Ondondo added that the Kenyan unit was not responsible for administering services on YouTube
Google Kenya Communications Manager Dorothy Ooko had previously responded to querries about the video, stating that YouTube content was not controlled by Google as the content is owned by the content creators.
Ondondo upheld the same sentiments stating that Google Kenya lacked the capacity to control the content accessible on the channel.
“We, would like to request you to submit your legal request electronically via web or by contacting YouTube LLC/Google Inc. directly via postal mail, email or fax,” the letter read in response to KFCB's request to have the video, which was uploaded over three weeks ago, taken down.
On the other hand, the film regulator revealed that they were consulting with the Attorney General on the next course of action, should Google fail to respond on time.
In February, KFCB had given Google seven days to pull down the video, but no action has since been taken by the American-owned technology giant.
Last year Google had to remove content that was violent and graphic, showing a group of Al-Shabaab militants mutilating Kenyans during an attack.
Other movies that have previously been banned in Kenya by the film agency include: The Story of Our Lives, Wolf of Wallstreet, This is the End, Paradise Love and Movie 43.
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