The Creative Economy Support Bill, 2024 published in the Senate on 1st August 2024, aims to boost Kenya’s creative industries, which have historically been undervalued despite their significant cultural and economic contributions. The Bill seeks to establish a supportive environment for creatives, enhance the industry’s economic impact, and create a dedicated Creative Fund. The Bill outlines several key provisions:
Obligations of the Government
The Bill obligates both levels of government, to, among other things:
- create an enabling and supportive environment for creative artists and organizations;
- formulate and implement policies that promote the development of a diverse creative industry;
- promote the development of entrepreneurial skills linked to the creative economy by providing programmes in higher education institutions;
- invest in infrastructure of the creative industry;
- review policies that hinder the growth of the creative industry;
- facilitate access to funds for the creative industry;
- implement strategies that promote local and international growth of the creative industry; and
- facilitate market access for creative artists.
The Cabinet Secretary is required to establish and maintain an online platform that advertises events and provides highlights on the current affairs of the creative industry. Additionally, the Cabinet Secretary for Education is mandated to include subjects related to the creative industry in the curriculum.
While the Bill introduces valuable frameworks for supporting creatives, it is important to acknowledge that some of the outlined governmental roles are already within the remit of the existing department for Art and Culture. Therefore, the Bill’s focus should be on enhancing the effectiveness of these roles, rather than merely reiterating them.
The Creative Industry Guild
The Bill establishes the Creative Industry Guild, which is responsible for promoting the growth, development and awareness of the creative industry by:
- advising on policy formulation;
- implementing programs that promote development, growth and competitiveness;
- collaborating with institutions to secure and protect the intellectual property rights of creative artists;
- establishing and implementing sector-specific mechanisms that promote sectoral innovation and growth;
- representing interests of underrepresented groups, including women, youth, and persons with disabilities within the industry;
- prescribe and enforce a code of conduct;
- create platforms to showcase talent; and
- promote amicable resolution of conflicts.
However, the proposal for a unified Creative Industries Guild covering all art disciplines, might not adequately address the specific needs of different creative sectors. In practice, different art disciplines often require tailored interventions to thrive. A more effective approach would be to establish an umbrella body that oversees sector-specific guilds, each dedicated to addressing the unique challenges and opportunities within their respective fields. This structure would allow for a more nuanced and effective advocacy, ensuring that all creatives receive the support they need to flourish.
Membership to the Creative Industries Guild
Membership of the Guild would be voluntary, secured by an application to the Advisory Board (discussed below) in the prescribed form. The Advisory Board would be required to consider an application within 14 days of receiving it, and may approve the application with or without conditions or reject it. Upon successful approval, the applicant is entered into the Roll of Creatives, ensuring eligibility for benefits and incentives under the Act. An applicant aggrieved by the decision of the Advisory Board may appeal to the Cabinet Secretary.
Advisory Board to oversee the Guild
The Bill proposes the constitution of an unincorporated Advisory Board to oversee the activities of the Creative Industries Guild. The Bill proposes 10 members for the Advisory Board, appointed by the Cabinet Secretary for Trade, drawn from key sectors related to the creative industry, such as the largest member associations for film, music, fashion, software development, literary arts, visual arts, and dance. Additionally, it will include a nominee from the Law Society of Kenya and a public officer designated by the Cabinet Secretary from Trade, who shall serve as the Secretary to the Advisory Board.
Incentives for Creatives
The Guild, in collaboration with the relevant County Executive Committee members, would be responsible for implementing measures to support the establishment and development of the creative industry. These measures include:
- subsidizing the formalization of creatives;
- facilitating the protection of intellectual property rights;
- providing fiscal and non-fiscal support;
- supporting research and development activities; and
- generally promoting the growth of creatives.
Creatives Fund
The Bill establishes a Creative Fund comprising of monies appropriated to by Parliament, grants, donations, and other gifts. The Fund would be administered by the Advisory Board providing grants to creatives. The current proposal limits eligibility to individuals below the age of 35 years, and further the creatives should not have received any other financial support from a Government scheme. The Cabinet Secretary shall issue regulations that provide for the criteria and procedure used to issue funds.
While the Bill introduces valuable frameworks for supporting creatives, the age limit of 35 years for eligibility may be overly restrictive and could exclude many talented individuals who continue to produce valuable work beyond this age. Creativity is not confined to a particular age group; it is an enduring quality that often matures over time. Global best practices suggest that funding should be based on the merit of the creative work and its potential impact, rather than on the age of the creator. A more inclusive approach would be to establish funding criteria that prioritize innovation, sustainability, and the ability to contribute meaningfully to the creative economy, regardless of age.
In addition to the Fund, the Cabinet Secretary, in consultation with the Advisory Board, may develop a credit guarantee scheme to broaden the financial support accessible to creatives. Furthermore, the Guild would also be responsible for implementing training and capacity building programs for creatives.
The Advisory Board would also have some responsibility to establish a platform at the National and Country level containing information on training programmes, mentors and resources, support services, and other relevant information for creatives. Further, the Cabinet Secretary would provide fiscal incentives, such as tax incentives available only to Guild members.
Conclusion
In conclusion, while the Creative Economy Support Bill, 2024, is a commendable initiative, it must evolve to better reflect the diverse and dynamic nature of the creative industry. By adopting a more inclusive and tailored approach—one that recognizes the specific needs of different art disciplines and values the contributions of creatives across all age groups—Kenya can foster a thriving creative economy that not only enriches its cultural landscape but also drives sustainable economic growth.
For more insights pertaining to this matter, you can reach the writer at felicia@mmsadvocates.coke . You can also contact us at MMS Advocates, Lower Duplex Apartments, LOWER HILL ROAD, or email us at info@mmsadvocates.co.ke.