The Culture Bill , 2024

Background

The Culture Bill, 2024 is designed to give effect to Article 11(3)(a) of the Constitution of Kenya, which recognizes culture as the foundation of the nation and commits the State to promote all forms of national and cultural expression. The Bill establishes a comprehensive structure for managing, preserving, and safeguarding both tangible and intangible cultural heritage across national and county levels.

Key Provisions

Management of Culture

• National Government Role (Section 5): The Cabinet Secretary is responsible for developing national policies, establishing national cultural databases, managing national cultural institutions (listed in the Schedule), and implementing international agreements on culture.
• County Government Role (Section 6): County governments are tasked with promoting, protecting, and managing local cultural activities, establishing county databases, and enacting county-specific cultural policies.

Compensation and Royalties

• Section 9 introduces a formal regime where communities are entitled to receive compensation or royalties when their cultural heritage and expressions are utilized by third parties.
• Section 10 exempts certain activities from compensation requirements if they are non-commercial, such as teaching, academic research, exhibitions, or reporting of current events.

New Obligations

Prior Informed Consent

• Anyone intending to use cultural heritage or images of cultural property must obtain the prior informed consent of the owner community, acknowledge their ownership, and ensure the usage is compatible with fair practice (Section 10 and Section 27).

Registration and Licensing

• Registration of Property (Section 13): Owners of cultural property must apply to either the county government or the Cabinet Secretary to register their cultural assets.
• Research Licenses (Section 12): Researchers must obtain written authorization from the Cabinet Secretary before carrying out studies on registered cultural property.
• Transfer and Export Permits (Section 11): No person may loan, export, import, or transfer inventoried cultural property without an authorization certificate from the Cabinet Secretary.

Penalties

• General Cultural Offenses (Section 20): Stealing, trafficking, forging, or illegally exporting cultural property carries a fine of up to KSh 1 million, imprisonment for up to five years, or both.
• Damage or Destruction (Section 24): Intentionally destroying inventoried cultural property is punishable by a fine of up to KSh 5 million, up to five years' imprisonment, or both.
• Unlicensed Research (Section 22): Conducting cultural research without a permit carries a fine of up to KSh 1 million, up to two years' imprisonment, or both.
• Unauthorized Loaning (Section 23) and Consent Violations (Section 27): Loaning cultural property without a permit or using images of cultural property without consent carries a fine of up to KSh 200,000, up to two years' imprisonment, or both.
• Non-compliance with Registration (Section 21): Registered owners who fail to comply with registration conditions face a fine of up to KSh 50,000, up to six months' imprisonment, or both.
• General Penalty (Section 31): Any offense under the Act where no specific penalty is prescribed carries a fine of up to KSh 100,000, up to one year in prison, or both.

Transitional Provisions

• Under Section 32, any license, permit, inventory, or register existing prior to the commencement of this Act remains valid as if issued under the Act.
• Existing agreements regarding the protection of community cultural heritage remain binding, provided they do not contravene the provisions of this Act. Any contravening agreements will become null and void.