The Creative Economy Support Bill, 2024
Status Timeline
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Public Review
Pending
Debate
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Executive
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Final
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New Creative Industry Guild to Oversee and Protect Creative Works
The Bill establishes the Creative Industry Guild to support individuals within the creative sector. Key functions of the Guild include:
- Facilitating the registration of creative works and collaborating with state organs to protect intellectual property.
- Overseeing the transparent distribution of royalties.
- Classifying subsectors and representing underrepresented groups, including women, youth, and persons with disabilities.
Creatives Fund and Credit Guarantee Scheme Established for Financial Support
To address funding gaps, the Bill introduces targeted financial mechanisms:
- The Creatives Fund: Comprising parliamentary appropriations, donations, and grants, this fund will provide direct grants to individual creatives.
- Credit Guarantee Scheme: Established by the Cabinet Secretary in consultation with the Advisory Board, this scheme aims to guarantee investments and offer training in financial risk management.
Fourteen-Day Turnaround for Voluntary Guild Membership
Membership to the Creative Industry Guild is voluntary.
- Creatives must apply using a prescribed form, and the Advisory Board is required to review and respond within 14 days.
- Approved members will have their names entered into a formal roll of creatives, which serves as the verification record to qualify for fiscal incentives, subsidies, and incubation programs.
Clause 27 Empowers Cabinet Secretary to Issue Broad Relief Regulations
Under Clause 27, the Cabinet Secretary is empowered to draft regulations to facilitate the Act, including:
- Exempting creatives from registration fees and anti-competition laws.
- Regulating workplace, labour, and employee benefits within the industry.
- Formulating frameworks for intergovernmental support and admission into creative incubation programs.
Bill No.
No. 30 of 2024
Gazette No.
—
Sponsor
Sen. Eddy Gicheru Okech, MP
Background
Article 33 of the Constitution of Kenya guarantees every person the right to freedom of expression, which explicitly includes the freedom of artistic creativity. Although Kenya's creative economy has expanded significantly over the past decade through social media and traditional media like film, music, and performance theatre, the sector has lacked a unified supportive regulatory framework. The Creative Economy Support Bill, 2024 intends to address this gap by establishing institutions to foster cultural and economic growth.
Key Amendments
The Bill establishes a brand-new legislative framework and introduces several institutional structures:
- Creative Industry Guild: The primary body tasked with facilitating IP registration, overseeing royalty distributions, and promoting amicable dispute resolution.
- Advisory Board: An unincorporated board tasked with overseeing the Guild. It consists of representatives from key sectors (film, music, fashion, software, visual arts, and dance), a Law Society of Kenya nominee, and a public officer designated by the Cabinet Secretary. No more than two-thirds of the board's members may be of the same gender.
- Secretariat: Administered by a head appointed by the Cabinet Secretary, the Secretariat will provide technical support, maintain creative industry databases, and coordinate research.
New Obligations
- Cabinet Secretary for Trade: Required to establish and maintain a platform for publishing events and developments in the creative sector.
- Cabinet Secretary for Education: Mandated to ensure that the curriculum developed under the Kenya Institute of Curriculum Development incorporates creative industry subjects.
- Registration Requirement: To receive any government fiscal support, subsidies, or tax incentives, creatives must formally apply to the Guild and be registered on the official roll.
Penalties
- Advisory Board Disqualification: Board members are subject to strict standards. A member will be disqualified or vacated from office if they violate Chapter Six of the Constitution, declare bankruptcy, or are convicted of a criminal offense resulting in a prison sentence exceeding six months.
Transitional Provisions
- Members of the newly established Advisory Board will serve for a term of four years, renewable once.
- The Cabinet Secretary for Trade, in consultation with the Cabinet Secretary for Finance, is tasked with finalizing the tax incentives and fee exemptions reserved for registered guild members.
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