The Creative Economy Support Bill, 2024
Status Timeline
Proposed
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Public Review
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Debate
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Executive
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Final
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Mandatory Registry for Accessing Government Incentives
Under Section 19, the Bill establishes an official registry called the 'roll of creatives' to record registered individuals and organizations in the creative industry. Crucially, Section 19(2) restricts any financial benefits, subsidies, or fiscal incentives provided under the Act exclusively to individuals and entities whose names appear on this roll.
Establishment of the Creative Industry Council
Sections 8 and 9 establish the Creative Industry Council to advise the Cabinet Secretary, set industry standards for royalty computation, collection, and distribution, and protect intellectual property rights. The Council will be governed by an Advisory Board representing key creative sectors including film, music, fashion, and literary arts.
A New Creatives Fund for Direct Grants
Section 23 establishes the Creatives Fund, which will be funded through parliamentary allocations, grants, and donations. Under Section 24, the Advisory Board is empowered to issue direct financial grants from this fund to registered creatives based on eligibility criteria set by the Cabinet Secretary.
State-Backed Credit Guarantee Scheme
Section 25 authorizes the Cabinet Secretary responsible for trade, in consultation with the Board, to establish a Credit Guarantee Scheme. This scheme aims to facilitate accessible financial support, provide investment guarantees, and share credit information to encourage lending to the creative sector.
Bill No.
Bill No. 30 of 2024
Gazette No.
Supplement No. 107 of 2024
Background
The Creative Economy Support Bill, 2024 seeks to provide a structured legislative framework to support and promote Kenya's creative industry. Recognizing the sector's contribution to the national economy, the Bill aims to establish institutional mechanisms, financial instruments, and support systems to foster growth, protect intellectual property, and facilitate access to capital for creative artists.
Key Provisions
1. The Creative Industry Council and Advisory Board
Section 8 establishes the Creative Industry Council, which is tasked with advising the government, conducting labor market surveys, establishing standards for royalty distribution, and enforcing a code of conduct. The Council is governed by an Advisory Board (Section 10) comprising:
- Principal Secretaries for trade, creative economy, and information technology.
- Industry representatives from film, music, fashion, and literary arts.
- An Advocate of the High Court nominated by the Law Society of Kenya.
2. The Creatives Fund
Section 23 establishes the Creatives Fund to provide financial assistance to registered industry players. Monies will be sourced from parliamentary appropriations and external grants. The Advisory Board will issue direct grants based on regulations and eligibility criteria developed by the Cabinet Secretary within 90 days of the Act's commencement (Section 24).
3. Credit Guarantee Scheme
Section 25 empowers the Cabinet Secretary to establish a Credit Guarantee Scheme. The scheme's objectives include providing accessible financial support, creating a framework for credit guarantees, and offering risk management capacity building for creatives.
New Obligations
1. Registration on the Roll of Creatives
To access any government support, subsidies, or fiscal incentives, individuals and organizations must apply to the Council to be entered into the 'roll of creatives' (Section 19). Unregistered individuals will be ineligible for benefits under the Act.
2. Curriculum Integration
Section 7 obligates the Cabinet Secretary for Education to ensure that the national curriculum developed by the Kenya Institute of Curriculum Development (KICD) incorporates subjects relating to the creative industry.
3. County Government Integration
Section 4 obligates county governments to integrate the development of the creative industry into their County Integrated Development Plans (CIDPs) and implement monitoring and evaluation frameworks.
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