The Creative Economy Bill, 2026
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
New Licensing Rules for Audio-Visual and Streaming Platforms
The Bill introduces a mandatory licensing regime under Section 23. The Kenya Audio-Visual Regulatory Authority is empowered to issue licenses for:
- Audio-visual works production, distribution, and exhibition
- Audio-visual works makers, distributors, and exhibitors
- Audio-visual service providers
- Streaming and online platform operations within Kenya
Creation of Two Dedicated National Regulators
The Bill replaces legacy institutions with two distinct corporate bodies:
- Kenya Audio-Visual & Cinema Commission (Section 7): Tasked with developing, promoting, and marketing the audio-visual and cinema industry locally and internationally.
- Kenya Audio-Visual Regulatory Authority (Section 21): Mandated to regulate the creation, exhibition, broadcasting, and distribution of audio-visual works.
Establishment of the Kenya School of Film and Creative Arts
Section 35 establishes a specialized school to foster professional standards in the sector by:
- Implementing curricula, training programs, and competency standards in film and creative arts
- Providing technical, vocational, professional, and specialized training
- Conducting assessments and awarding qualifications in accordance with applicable laws
National Register and Creative Industry Incentives
The Bill establishes structures to directly support industry practitioners:
- Register of Creatives (Section 36): Requires the Cabinet Secretary to keep and maintain a register of creatives, creative groups, and associations.
- Incentive Schemes (Section 37): Mandates the development of incentive and award schemes, including creative vouchers for training, equipment, and marketing.
Bill No.
No. 48 of 2026
Gazette No.
Supplement No. 190 of 2026
Sponsor
Daniel Wanyama
Background
The Creative Economy Bill, 2026 seeks to consolidate and streamline the laws providing for the establishment, functions, and management of creative economy institutions in Kenya. By introducing unified regulatory and promotional bodies, the Bill intends to nurture talent, facilitate research, and create a conducive environment for local and international investments in the creative sector.
Key Amendments
- Repeal of Legacy Acts: Repeals the Films and Stage Plays Act (Cap. 222) and revokes the State Corporations (Kenya Film Commission) Order, 2015 (Section 41).
- Kenya Information and Communication Act (Cap. 411A): Amends definitions of "film" and "film entity" to align with the Bill, and grants the Communications and Multimedia Appeals Tribunal the jurisdiction to hear appeals arising from decisions made under the Creative Economy Act (Section 43 & Fourth Schedule).
New Obligations
- Mandatory Licensing: Audio-visual creators, makers, distributors, exhibitors, service providers, and online streaming operators must obtain licensing from the Kenya Audio-Visual Regulatory Authority (Section 23).
- Classification Requirements: All audio-visual works must be submitted for classification based on age suitability, cultural considerations, and public interest. Rated works must display their assigned ratings and consumer advice (Section 23).
Penalties
Section 24 empowers the Kenya Audio-Visual Regulatory Authority to impose the following administrative sanctions for non-compliance:
- Suspension or revocation of licenses and certificates.
- Imposition of monetary fines.
- Issuing closure orders for non-compliant audio-visual entities.
- Issuing take-down orders for prohibited or non-compliant audio-visual works.
Transitional Provisions
- Transfer of Assets and Liabilities: All rights, duties, obligations, assets, and liabilities of the Kenya Film Commission and the Kenya Film Classification Board are automatically transferred to the new Commission and Regulatory Authority (Third Schedule, Paragraph 1).
- Staff Preservation: Existing employees of the Kenya Film Commission and the Kenya Film Classification Board are transitioned into the service of the new entities on their current terms and conditions (Third Schedule, Paragraph 3).
- Board Continuity: Serving Chairpersons, Commissioners, and Chief Executive Officers of the predecessor boards remain in office for the remainder of their respective tenures (Third Schedule, Paragraph 2).
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