The Creative Economy Support Bill (Senate Bill No. 30 of 2024)

REPUBLICOFKENYA

PARLIAMENT

SENATEBILLS

(Bill No. 30 of 2024)

THE CREATIVE ECONOMY SUPPORT BILL,2024

(A Bill published in the Kenya GazetteSupplement No.107of 17th May,2024 and passed by the Senate, with amendments,onThursday,7thAugust,2025)

Clauses

• 1 - Short title.
• 2 - Interpretation.
• 3 - Obligations of government.
• 4 - Obligations of county governments.
• 5 - Online platform.
• 6 - Data Protection.
• 7 - Curriculum.

THECREATIVEECONOMYSUPPORTBILL2024

ARRANGEMENTOFCLAUSES

PARTI-PRELIMINARY

PARTII-CREATIVEINDUSTRYCOUNCIL

• 8- Creative Industry Council.
• 9 - Functions of the Council.
• 10 - Board of the Council.
• 11 -- Disqualification for appointment.
• 12 - Tenure.
• 13 - Vacation of office.
• 14 - Offices in the Board
• 15 -Secretariat
• 16-Functions of the Secretariat
• 17-Membership
• 18 - Application to the Council
• 19-Roll ofthe creatives.
• 20 - Decentralisation of the Council.

• 30- Regulations.

PARTIII-INCENTIVESFORCREATIVES

• 21-Support to creatives.
• 22 - Incentives for persons with disabilities.
• 23 - Creatives Fund
• 24 -- Objects of the Fund.
• 25-Creditguarantee scheme
• 26 - Training and capacity building.
• 27 - Application for grant or revocation of patents.
• 28-Fiscalincentives.
• 29 - Scope of incentives.

PARTVI-MISCELLANEOUSPROVISIONS

THECREATIVEECONOMYSUPPORTBILL,2024

A Bill for

AN ACT of Parliament to establish mechanisms for the support of thepersons in the creative industry;to enhance the contribution ofcreativeindustry to theeconomy;to establishthecreatives fund; and for connected purposes.

ENACTED by the Parliament of Kenya, as follows-

PARTI-PRELIMINARY

Short title.

1. This Act may be cited as the Creative Economy Support Act, 2024.

Interpretation.

• 2.In this Act-

"Cabinet Secretary" means the Cabinet Secretary responsible for mattersrelatedtotrade;

"Board"means the Council Advisory Board constituted under section10;

"Council means the Creative Industry Council established under section 8:

"creative industry" means all activities or trade by persons that produce artistic, cultural or innovative goods and services including fashion, publishing, advertising, crafts, music, audio, visual and performing arts, video, film and imaging photography, gaming and animation,graphic design and web design that originate from creation of wealth and livelihood through the generation and exploitation of intellectual property, knowledge and technology; and Obligationsof national government.

"Fund" means the Creatives Fund established under section 23.

3.The National Government shall-

• (a) create an enabling environment through direct and indirect support for creative artists and organisations;
• (b)formulate andimplementpolicies andstrategiesfor the development and promotion ofa sustainable and diverse creatives industry at the National and county level of government;
• (c)promote the development of entrepreneurial skills for persons in the creative economy through programmes offered in institutions of higher learning;
• (d) invest in the development of physical and virtual infrastructure tosupport the creativeindustry and design toolstoenablethecreativeworkforce effectivelyutilise, diversify andleverage on their services and products in order to be locally and globally competitive;
• (e) review existing ginternationaland domestic trade policies,practices thathinder the growth of the creative industry and putinplace structures thatmitigate against their negativeimpact on theindustry and interventions to address the impact;
• (f)in collaboration with the private sector, facilitate access to funds for persons with disability,women and the youth in the creative industry;
• (g)facilitatetheestablishmentof apublic-privatedialogue forumbetween persons in the creative industryand relevant departments of government;
• (h) implement strategies that promote the growth of the creative industrylocally andinternationally through partnerships, industry development assistance and mechanisms that facilitate innovation and linkages with creative artists locally and internationally; and
• (i)facilitate market accessfor creative artists.

Obligationsof county governments.

Online platform.

DataProtection.

Cap.411C.

Curriculum.

No.4 of2013.

CreativeIndustry Council.

Functions of the Council.

4. A county government shall- 2. (a)includethedevelopment ofthecreativeindustryinthe CountyIntegratedDevelopmentPlansfor purposes of planning and resource allocation; 3. (b)undertakeregularconsultationwiththecreative communityin the county onareas of mutual cooperation; and 4. (c) introduce monitoring and evaluation frameworks to assessthe effectiveness of countylevelinitiatives in supportingthecreativesector. 5. The Cabinet Secretary shall establish and maintain an online platform where information on incentives, opportunities, events and current affairs in the creative industry shall be published. 6. 6.The Cabinet Secretary shall ensure that the provisions of the Data Protection Act are observed in the processing and handling of sensitive personal data of creatives on the online platform. 7. 7.The Cabinet Secretaryresponsible for matters related to educationshall ensure that thecurriculum developed under section 4(d) of theKenyaInstituteof CurriculumDevelopmentActincludes subjects relating to the creative industry.

PARTII-CREATIVEINDUSTRYCOUNCIL

• 8.There is established the CreativeIndustry Council.

9. The Council shall-

• (a) advise the Cabinet Secretary on the review and formulation of policies and legislation relating to the creative industry;
• (b) conduct labour market surveys and mapping exercises of persons involved in the creative industry and put in place the most appropriate strategies that facilitate the development of the creativeindustry;

• formulate and implement strategies, programs and plans for the development of the creatives industry and that promote growth and competitiveness within the creative industry;
• (d) collaboratewith therelevantinstitutionstofacilitate the protection of the intellectual property rights of creative artists through sensitisation and awareness programs and facilitate the registration of works produced by creative artists;
• collaborate with intellectual property rights enforcement agencies toensuretheenforcementof intellectual property rights of creative artists;
• ( collaboratewith therelevantentities toensure the transparent distribution ofroyalties collected onbehalf of creative artists and creative arts operators;
• g developandpublishindustrystandardsonroyalty computation,royalty collection and royalty distribution;
• h develop aframeworkforthe classification of sub-sectors and actors in the creative industry and establish and implement sector specificmechanisms that promote innovation and growthin each sub-sector;
• (i) collect andcollateinformationon thesectorsof the creative economythatrequirepromotion andsupport and implement strategies that facilitate growth in these sectors;
• (j) promoteprogrammeson entrepreneurial skills development for its members;
• (k) represent the interests of women, youth and persons with disabilities working in the creative industry;
• prescribe standards for the regulation of the creative industry;

Board of the Council.

• (m) prescribe and enforce a code of conduct and disciplinary code amongst members of the Council;
• n) createplatforms throughwhichpersonsinthe creative industry may showcase their talents,products or technologies; and
• promote the amicable resolution of conflicts arising between persons in the creative industry.

10. (1) The Council shall be governed by an incorporated AdvisoryBoardwhich shall consist of—

• (a) thePrincipalSecretaryfor mattersrelating totradeand industrialisation or a representative designated in writing;
• (b)thePrincipalSecretaryformattersrelatingtothecreative economy or a representative designated in writing by the Principal Secretary;
• (c)thePrincipal Secretaryfor mattersrelatingtoinformation and technologyorarepresentativedesignatedinwritingbythe Principal Secretary;
• (d)onepersonrepresenting industryplayers inthefilmindustry includingresellers,distributors,vendors and manufacturers of filming and photography equipment;
• (e) one person representing industry players in the music and dance industry;
• (f) one person representing industryplayersin thefashion industry;
• visual arts industry;
• (h) an AdvocateoftheHigh Court of Kenya nominated bythe Law Society of Kenya; and

Disqualification for appointment.

Tenure.

Vacationof office.

• (i) one person being a public officer nominated by the Cabinet SecretarywhoshallbeSecretary to theBoard.
• (2) The persons nominated under subsection (1) shall be appointed by the Cabinet Secretary by notice in the Gazette.
• (3)The Cabinet Secretary shall,in appointing the persons under subsection (1) ensure that no more than two thirds of the members of the Board are of the same gender.

11. A person is not qualified for nomination or appointment as a member oftheBoard under section10 if thatperson—

• (a) has violated Chapter Six of the Constitution;
• (b) is adjudged bankrupt; or
• (c)has been convicted of an offence and sentenced to imprisonment for a term of more than six months.

12. The persons nominated under section 10 shall be appointed for a term of four yearsrenewablefor onefurther term. 13. The office of a member of the Board appointed under section 10(2) shall become vacant if the member

• (a) is adjudged bankrupt;
• (b) is convicted ofa criminaloffence and sentenced to a term of imprisonment of at least six months;
• (C isconvictedof anoffenceinvolvingfraud or dishonesty;
• (d) is absent, without reasonable cause,from three consecutive meetings of the Council;
• (e) resignsin writing addressedtotheCabinet Secretary;
• ( isremovedfromofficebytheCabinetSecretaryfor

Offices in the Board.

Secretariat.

• (i) being unable to perform the functions of his or her officeby reason of mentalor physical infirmity; or
• (ii) failing to declare his or her interest in any matterbeing considered or tobe considered by the Board; or
• (g) dies.

14. (1) The members of the Board shall elect from amongst themselves a chairperson and vice-chairperson.

• (2)A person electedasachairperson or vice-chairperson under subsection (1) shall serve for a term of twoyears.
• (3) A person appointed under section 10(a) and (i) shall not be eligible for election as chairperson of the Board under subsection (1)
• (4)A person shall not be eligible for election as a chairpersonor vice-chairperson if the personhasservedasa chairperson or vice-chairperson of the Board in the two years preceding the election.

15. (1) The Cabinet Secretary shall designate an appropriate administrative unit within the respective Ministry toserve as the SecretariatoftheBoard.

• (2) The Secretariat shall consist of —
• (a) a public officerdesignated by theCabinetSecretary from the Ministry to serve as the head of the secretariat; and
• (b) such other public officers as the Cabinet Secretary shall,inconsultationwith theBoard,deployforthe proper performance of the functions of the secretariatunder thisAct.
• (2) Theheadof theSecretariat and persons deployedunder subsection(2)(b) shall possess suchknowledge and experience in

Functionsofthe Secretariat.

matters relating tothe creative industry as the Cabinet Secretary shall in consultationwith theBoard,determine.

16.Thefunctions of the Secretariat shall be to—

• (a) provide technical and administrative services to the Board;
• b) implement the decisions, strategies, programmes and policiesoftheBoard;
• makerecommendationstotheBoardonthe formulation and implementation of programmes for the achievement of thefunctions of theBoard;
• (d) onbehalf of theBoard,establish and maintain relationships with international, national and local institutions involved in the creative industry and other related activities;
• e collaborate with State agencies,financialinstitutions andother stakeholdersin theimplementation of policies, strategies and programmes developed pursuant to this Act;
• train, disseminate information and provide linkages andnetworks withlocal andinternational institutions which engage in capacity building on intellectual property, innovation, market access and penetration and matters affecting the creative industry;
• conduct studies, research and investigations in order to enhance the development of the creative industry in Kenya;
• (h) maintain a manual and digital database setting out information on creative artists in Kenya, stakeholdersandplayersinvarioussectorsof the creative industry and programmes in place to facilitate the growth of the creative industry;

Membership.

Application to the Council.

• (i) establish,in collaboration with the private sector, incubationprogrammesforpersonsinthecreative industries;
• (G) make arrangements for periodical evaluation of the policies andprogrammesinrelation totheobjects and functions of theBoard; and
• (k) perform such other functions as may be assigned to it by theBoard.
• 17.Membership to the Council shall be on a voluntarybasis.
• 18.(l) A person who wishes to be a member of the Council shall submit an application in theprescribedformtotheBoard.
• (2) The Board shall consider an application under subsection (1) within fourteen days of receipt of the application.
• (3)Upon consideration of an applicationunder subsection (2), the Board may-
• (a) approve the application and enter the name of the applicant in the roll;
• (b)grant the applicationsubjecttosuchconditionsbeingmet as theBoard shall consider necessary; and
• (c) reject the application;
• (4)Apersonwhois aggrievedbyadecisionoftheBoard under subsection (3) shall appeal to the Cabinet Secretary.
• Rollofcreatives. 19.(1) The Board shall cause to be entered the names of all persons whose application is granted under section 18(3) into the roll of creatives.
• (2)A benefit or incentive under thisAct shall onlybe made available to a person whose name appears in the roll.

Decentralisation of the Council.

• 20.The Council shallensurereasonable accesstoits services in all parts of the countrysofar asit is appropriatefor the effective and efficient discharge ofitsfunctionsunder section9.

Support to creatives.

Incentivesfor persons with disabilities.

CreativesFund.

Objects of the Fund.

PARTIII-INCENTIVESFORCREATIVES

21. The Council shall, in collaboration with the respective county executivecommitteemembersresponsibleformatters relatingto trade, putinplacemeasurestosupport theestablishment anddevelopment of the creative industry which shall include - 2. (a)subsidise the formalisation of creatives; 3. (b) facilitate the protection of the intellectual property of innovations bycreativesinKenya and with international organisations; 4. (c)provide fiscal and non-fiscal support to creatives admitted into incubation programmes under this Act; 5. (d) provide support in the form of research and development activities that are aligned with county-specific needs and opportunities, ensuring that creatives across all counties can access support; and 6. (e) provide such other support to enable the development and growth of creatives registered under this Act. 7. 22.TheCouncilshall in collaborationwithcountygovernments ensure equitable access toincentivesfor creatives with disabilities. 8. 23.ThereisestablishedtheCreativesFundwhichshallconsist of- 9. (a) moniesthat maybe appropriated totheFund by Parliament; and 10. (b) grants, donations, bequests or other gifts made to the Fund. 11. 24.(1) The Board shall issue out of the Fund monies in form of grants to persons in the creative industryin accordance with a criteria determined by the Cabinet Secretary by Regulations.

• (2) The Cabinet Secretary shall, ninety days upon coming into force of this Act publish the Regulations setting out the-

13. (a) eligibility criteria for a grant from the Fund; and

Creditguarantee scheme.

• (b) procedure for application for a grant from the Fund.
• (3)TheRegulations developed under subsection(1) shall—
• (a)ensure that a person is eligible for a grant from the fund if that person has not benefitted from any other financialsupportschemeby theNational or county government;
• (b) prescribe the nature of financial support in paragraph (a) that will preclude a person from benefitting from the fund; and
• (c)provide for a criteria for disclosure and due diligence in establishing that a person hasnotbenefittedfrom anyotherfinancial supportby theNational or county governments.

25. (1) The Cabinet Secretary may, in consultation with the Board and where necessaryfor the development andgrowth ofcreatives under thisAct,establishacreditguaranteescheme.

• (2) The credit guarantee scheme under subsection(1) shall have as itsobjectives--
• (a) the provision of accessible financial support to creatives;
• (b) a framework for credit guarantee for creatives;
• (c) guarantee for investors in creatives;
• (d) availing of financial and credit information to creatives; and
• (e)capacitybuilding on financialand risk management to creatives.
• (3)Whereacreditguaranteeschemeisestablishedpursuant to subsection (1), the Cabinet Secretary shall prescribe -

Training and capacity building.

• (a) a strategy and operational goals that are aligned to the objectives under subsection (2);
• (b) a criteria for eligibility and qualification for recipients of funding under the scheme;
• (t) collaborate with county governments to ensure that creatives in all counties have equitable access to financial support;
• (d) guidelines for the monitoring andevaluation of projects undertakenunder thescheme andtheefficiencyof the operations of the scheme; and
• on the activities of the scheme.

26.The Council shall put in place a programme for the training and capacity building of creatives under this Act and shall, for this purpose establish a platform setting out information at the national and county level of government, on-

• (a) existing incubators;
• (b) available training programmes;
• mentors and resource persons;
• (d) intellectual property rights;
• (e) projects under existing incubation programmes;
• f availablefiscal and non-fiscal support services;
• (g)business information necessary for the management and development of creative artists; and
• (h) such other information as the Council shall, in consultation withthecountyexecutivecommitteememberconsider necessary.

Application for 27.(1) The Council shall provide technical support to creative grant or revocation patents.

Regulations.

• (a)applicationforregistration,grant,revocationandinstitution of legal action for infringement of intellectual property rights; and
• internationalinstruments.
• Fiscal incentives. 28.The Cabinet Secretaryshall,in consultation with the Cabinet measures for the granting of fiscal incentives including tax incentives as shall be considered necessaryfor the development of creatives in the

Secretary responsible for matters relating tofinance,put in place country.

• Scope of 29.(1) The incentives and benefits under this Part shall only be incentives. made available to members of the Council whose names have been
• enteredintotherollofcreatives.
• (2) The Council shall in collaboration with county governments ensure that creative artists in remote and underserved areas whose names have been entered into the roll of creatives access the incentives.

PARTVI-MISCELLANEOUSPROVISIONS

30. (1) The Cabinet Secretary may make regulations generally for the better carrying out of the provisions of this Act. 2. (2)Without prejudice to the generality of subsection (1), the CabinetSecretarymaymakeregulations 3. (a) on the conditions and process for the exemption of creatives from registration fees; 4. (b) on workplace and labour issues with employees, independent contractors,and service providers; 5. (c)on commercial transactions, includingproduct development, , production, corporate partnering, advertising, marketing, and sales; 6. (d)onemployeebenefits and compensation; 7. (e) on protection of intellectual property rights;

• (f)on therelationshipbetween founders and employees;
• (g) on the exemption of creatives from anti-competition laws;
• (h) on the intergovernmental support for creatives;
• (i) for the reporting and accountability of a grant issued to a person under this Act;
• G)for the de-registration of a person from the Council;
• (k) for the process of admission of a person in the creative industry into an incubation programme;
• (l) for the advertising and impact assessment of the measures of creatives;
• (m)on industrial standards in the sub-sectors represented in section 10;
• (n) on industrial standards for royalty computation, collection and distribution;
• (0) on intellectual property protection of creative work from institutions and communities;
• (p) on the procedure and criteria for nomination of industry representatives in the board of the council; and
• (q)for incentives to invest in innovative creatives.

I certify that this printed impression is a true copy of the Bill as passed by the Senate, with amendments,on Thursday,7thAugust,2025.

ue

ClerkoftheSenate

Endorsed for presentation to the National Assembly in accordance with theprovisions of standing order161 of theSenate Standing Orders.

SpeakeroftheSenate