Kenya 2016 report

Technical Information
Name of Party: 
Kenya
Date of ratification: 
24/10/2007
Organization(s) or entity(es) responsible for the preparation of the report: 
DEPARTMENT OF CULTURE - STATE DEAPARTMENT OF CULTURE AND ARTS - MINISTRY OF SPORTS CULTURE AND ARTS - KENYA
Officially designated Point of Contact: 
Title: 
Ms
First Name: 
EMILY
Family Name: 
NJERU
Organization: 
DEPARTMENT OF CULTURE
Mailing Address: 
P.O BOX 67374-00200 NAIROBI
Telephone: 
+254 020 2727980-4
Fax: 
n/a
E-mail: 
muthoniem@yahoo.com
Name of stakeholders, including civil society organizations, involved in the preparation of the report: 
Describe the multi-stakeholder consultation process established for the preparation of this report: 

 The quadrennial report was developed through wide stakeholder consultations with cultural actor’s, relevant government agencies and civil society organizations. The process began in February 2016 with a two day workshop organized by the Department of Culture and attended by four s from Civil Society Organizations and KNATCOM. That workshop discussed the new reporting format and modalities of gathering required information. The workshop resolved that civil society send  their their submissions to the focal point for inclusion in Kenya's report. Some  civil society organizations made thier submisions.However in early   March, 2016,, Ms Karalyn Monteil  culture programme specialist from the Nairobi UNESCO regional Office for East Africa  engaged the Department of Culture on progress made towards preparation of Kenya’s second quadrennial report. On learning about the progress  she  advised  the department of culture on  the new reporting guidelines that required  multi stakeholder consultations through  national consulation workshop to prepare national reports. From  that underastanding the Department of culture  requested Nairobi UNESCO Regional Office to partner in organizing the national   workshops. Logistics of the partnership commenced immediately and a formal contract on the partnership was signed in May, 2016.Two national stakeholders workshops were held  on 14th July and validation on 23rd august 2016. The workshops was attended by; relevant government ministries, civil society and cultural actors. Faciltators of the workshops included Karalyn Monteil  from Nairobi UNESCO Office, Kenya,s focal point of contact , KNATCOM, ministry of culture legal officer and Civil society represenatives. Apart from the two stakeholder workshops the focal point of contact was invited to several civil society information sharing meetings and forums where more information towards the report was gathered.The information gathering  process ended by end of august 2016

Executive Summary
Please summarize in max 3500 characters the main achievements and challenges in implementing the Convention and the outlook for the future. Please note this is not an introduction to the report or an annotated table of contents.: 
The report highlights the current Kenyan cultural  policy context and policy measures that the  government has undertaken  in the last four years to provide an enabling environment for the protection and promotion of the diversity of cultural expressions. The report also highlights some of the  activities and programmes implemented by various government and non  agencies, cultural actors and  civil society organizations in Kenya in the  implementation of the unesco 2005 convention.The report focuses on policy measures and activities relevant to the key priority areas of the convention for example;  policies and measures related to provision of enabling environment for enjoyment of culture as a basic fundamental human right, policies related to  creation, production and ditribution of cultural expressions, protection of copyrights,   integration  of culture in  development and actvities related to   awareness raising, activities on international cooperation and  activities by  civil society organizations  on  promotion of  cultural and creative industries  in Kenya.The main achievements in implementation of the Convention in the last four year include  the following;Contribution towards  culture policy reforms  for example;  The convention  influenced the review of  Kenya’s National Culture and Heritage Policy which has now  incorporated the promotion of  creative cultural industries as an important category of the cultural sector. The Convention was one of  the ey reference documents in the formulation of the  draft Culture  legislation   that envisages establishment of  a culture and arts council that will focus on  promotion of national cultural expressions. The Board of the council will be represenatives from the diverse cultural organization representatives.Also  the Convention was a key reference document in formulation of the draft East African Community Creative and Culture Industries Law.Enhanced awareness of the contents of the Convention by stakeholders and civil society  achieved through collaborations in dissemination workshops and programmes by the department of culture, Kenya National Commission for UNESCO and Nairobi UNESCO Regional Office for East Africa during the last four years. The awareness raising targeted county government’s officials, cultural actors, artists and civil society.  Greater participation of cultural actors and civil society in policy reforms in Kenya. This  has enhanced governance and ensured that government policies are responsive to the needs of the sector. Civil society is now more eager to partner more with government while still keeping government on its toes. Over the last four years the government has engaged civil society in policy  reform discssions and civil society have also engaged government in their programmes. Among the main challenges encountered in implementation of the Convention during the period are; Lack of a coordinated national framework on implementation of the Convention.Lack of official cultural statistics that has negatively affected fiscal and political decisions.Inadequate legislative and institutional framework to promote the cultural and creative cultural sector. Inadequate cultural infrastructure and spaces for cultural expressionLack of awareness  and non appreciation on the role of culture in development by key policy makers.The outlook for the Convention is great with potential to contribute to sustainable development.
Overview of cultural policy context
Parties shall describe the key objectives and priorities of their current cultural policy and the impact the Convention has had in their formulation or reformulation. They will also report on the opportunities and challenges to promote the diversity of cultural expressions in a digital environment.: 

The current Kenyan cultural policy and priorities are defined by Kenya’s constitution and relevant government policies. For example Kenya’s constitution preamble states “we the people of Kenya are proud of our ethnic cultural and religious diversity and determined to live in peace as one indivisible nation.” Article 11 recognizes  culture    as    the foundation of the nation and as the cumulative civilization of the Kenyan people and nation. The constitution commits  the government to promote all forms national and cultural expressions and promote intellectual property rights of the people of Kenya , Article 33 provides for   Freedom  of expression in relation to artistic expression while  Article 44 provides for promotion of language and culture. Kenya has a National Culture and Héritage  Policy that recognizes the vital role that culture plays in sustainable development. The policy which has now been revised outlines measures and strategies to ensure that the diverse culture’s of the people of Kenya. The main objectives of the National Policy on Culture are;

  • To mainstream culture in development
  • To guide cultural development at national and county levels
  • To promote national values and principles of governance as enshrined in the constitution
  • To provide a means for a strong and vibrant national identity
  • To promote, develop, safeguard and preserve Kenya’s cultural heritage
  • To provide a conducive environment for the promotion of culture and créative sector
  •  

Other government policies have also prioritized promotion of the diversity of cultural  expressions. For example, kenya’s education policy  recognizes culture as a goal, Information and Communication Policy has factored culture as important in development of ICT; Trade policy on small Micro enterprises recognizes  crafts, while  Foreign Affairs Cultural Diplomacy policy recognizes culture as an important strategy for enhancement of bilateral and multilateral relations. Opportunities for promotion of the diversity of cultural expressions in a digital environment  include;

  • Enhancement and enjoyment of culture as a basic human right
  • Improvement of  cultural exchange through audiovisual aids
  • Improvement of access to diverse cultural expressions
  • Contribution towards peace and tolerance.
  • New opportunities for market access for cultural goods and services.
  • Participation of citizens in cultural governance.
  • Enhancement of international partnerships and networking.
  • Digital distributionof cultural expressions
  • Contribution to new innovations

 Challenges posed by digital environment in promotion of the diversity of cultural expressions include;

  • Domination by foreign cultural expressions.
  • Flooding of foreign cultural expressions.
  • Risk of infringement of intellectual property rights.
  • Competition from more developed countries due to cheaper  costs of  production
  • Inadequate copyright protection laws and enforcement on the digital space.
  • Inadequate utilization and access to digital environment by majority of citizens in developing countries.
  • Undervaluing of unique cultural goods
  • Suppression of creativity due to fear of copying

 

Has the Convention been integrated into the policy development process in any of the following ways?: 
a) It is (or has been) the basis for changing one or more policies?: 
Yes
How: 
The 2005 UNESCO Convention has had influence in formulation and reformulation of some of Kenya’s national policies for example; The Convention partly influenced revision of the Kenya national culture and heritage policy which now has a chapter on promotion of creative and cultural industries which was not there initially.The policy outlines new strategies for promotion of the creative and cultural sector.The ministry  has budget line for promotion of the creative cultural industries which was never there..The Convention influenced the draft culture legislation which aimsto give effect to article 11 of Kenya’s constitution by providing legal mechanism for promotion of national cultural expressions. The draft legislation on culture establishes a culture and arts council as institutional framework for development of cultural expressions whose main mandate is to promote cultural expressions.The Convention partly influenced the National Cohesion Policy which calls for social inclusion which require that public appointments factordiverse ethnic and social groups.The Convention partly influenced the draft Languages of Kenya Policy that seeks to promote language rights, especially those of minorities and their cultural expressions.Ongoing education reforms in Kenya on new curriculum now recognizes talent in education and has included introduction of creative arts as examinable subjects.Formulation ofthe East African Culture and Creative Industries Legislation in 2013 utilized the convention as a major reference material.
b) It is (or has been) a tool to promote policy discussion?: 
Yes
How: 

The 2005 UNESCO Convention has become a major tool for policy discussion by government, civil society and cultural actors.  The Convention is indeed a tool in various policy discussions by civil society organizations in their quest to improve cultural governance.  It has influenced discussions that relate to improvement of conditions under which cultural actors and artists operate. Further, it has influenced demands by cultural actors to government to provide a better enabling environment for the sector. The Convention has been a tool for discussion during formulation of policies at both national and county levels. Civil society organizations, in particular, have used the Convention to influence national policies on promotion of culture and creative industries.  The Convention has also been used at national public debates between government and civil society. The convention was also a tool of discussion in contributing to policy reforms on education to promote talent and creative arts

c) It is (or has been) a reference for ongoing policy development?: 
Yes
How: 

The 2005 UNESCO Convention is the major reference tool in development of a policy framework being formulated for promotion of  creative and cultural industries being developed by the Kenya National Commission for UNESCO in partnership with the Department of Culture and civil society organizations representing various cultural actors.The 2005 Convention is the main guide in formulation of the policy framework. The measures and policy actions proposed  for the promotion of the enhancement of  production, creation and distribution of cultural goods and services are directly  drawn from the 2005 UNESCO Convention. The content of draft policy framework on promotion of the creative and cultural industries in Kenya has heavily borrowed from the Convention from the guiding principles to the actual strategies. The framework is attempting to domesticate the state obligations to local strategies for implementation by the National and County governments. The policy framework action plan identifies key priority programmes and activities to be undertaken to promote creation, production and distribution of cultural goods and services. The policy framework has proposed an implementation mechanism involving government, cultural actors and civil society in line with the Convention’s call for engagement of relevant stakeholders

❭ CULTURAL POLICIES AND MEASURES

Kenya's constitution

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Though Kenya’constitution was passed in 2010, its effect has been felt during the last four years. Adoption of the new constitution has greatly enhanced participation of citizens in cultural life and improved access to the public at large to diverse cultural expressions. The democratic space provided by the constitution has enhanced right and Freedom of expression in relation to artistic expression, right to language and participation to cultural life. This has encouraged emergence of new creative and artistic expressions by the youth while communities have revitalized their cultural expressions through the community cultural festivals. Many communities in Kenya are now keen to celebrate and safeguard  their unique cultures. Communities are now more aware of their social cultural rights and are demanding recognition of their cultures in developement. For example some communities have gone to court seek for redress against infrastructural development activities that violate  community’s cultures.  Communities  and individual citizens have embraced homegrown cultural expressions which have given rise to a new wave of patriotism  through cultural expressions and celebrations. The constitution also devolved cultural facilities and activities to  local county government which  has triggered local county governments  to incorporate culture in their development plans and have allocated funds to support promotion of culture. Many counties are now developing local  county culture policies which are domesticated from national policies but focus on local priorities. There has been renewed focus to tap and develop talents by county governments  over  the last four years. 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
institutional
c.3. the main feature of the measure: 

The main feature of the  Constitution  is article 11  which recognizes  culture  as    the foundation of the nation and as the cumulative civilization of the Kenyan people and nation. Article 11 which is on culture commits the government to promote all forms national and cultural expressions through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural. The article further commits the state to protect the intellectual property rights of the Kenyan people. Other Articles of the constitution which are relevant to the convention include; Article 7 on national, official and other languages, Article 33 (b) on Freedom of expression in relation to artistic expression, Article 44 on language and culture and Article 56 on rights of minority groups in relation to developing their cultural values languages and practices. The constitution further stipulates that international instruments that Kenya has ratified form part of the constitution. Implementation of the constitution thus provides for implementation of the 2005 convention within the national law.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- Good governace- Mainstreaming of culture in national development- promotion of national cultural exapressions -respect to fundamental freedoms and rights -protection of minority cultures - Enjoyment of culture 

f.2 Financial resources allocated to implement the measure: 

Implementation of the constitution is provided for under the national budgetary allocations for national and county governments which have prioritised programmes on implementation of the constitution.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

National policy on culture and heritage

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Kenya in the last two years has been reviewing the national policy on culture and heritage. The purpose of the review has been to align it to the constitution and to the UNESCO Conventions that Kenya has ratified. The review process has engaged civil society, cultural organizations, experts and county governments. Kenya now has a final reviewed draft national culture policy. The reviewed policy outlines measures and strategies for protection and promotion of culture. The reviewed draft policy has also included emerging cultural issues such as promotion of creative industries.Further the reviewed cultural policy document provides guidelines to county governments for consideration in development of local county policies.The revised draft has factored the sustainable development goals. The implementation strategy under the revised policy requires that national and county governments ensuremulti stakeholder engagements in the planning and implementation of cultural development programmes and activities. The strategies for promotion of cultural expressions are in tandem with the principles of the 2005 UNESCO convention.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
regulatory
c.3. the main feature of the measure: 

The main feature of the reviewed policy on culture is proposal to establish institutional frameworks for implementaion for example the establishemnt of a national culture council and and endowment fund for culture. The policy has also prioritized action programmes and allocated disntict yet complementary roles to national government and to county governments.Regarding the implementation strategy the policy calls for a coordinated mechanism  through engagement of the following;

  1. National government Ministry, Departments, and Agencies responsible for culture and intellectual property rights.
  2. County government departments and agencies responsible for culture
  3. Communities  and cultural  practitioners
  4. Private sector
  5. Civil Society 

The Implementation matrix has identified priority programmes by  both national governemnt  and county governments and has further identified actors that include civil society for engagement in the implementation of the policy.The reviwed  policy has factored a monitoring and evaluation mecahnism and provided poosibe indicators  to measure  implementaion status and to guide   follow ups. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Mainstreaming of culture in development- A coordinated guide on cultural development at national and county levels-Enhanced collaboration mechanisms between the national and county governments in cultural development matters.-Enhanced participation of citizens in cultural governance- Promotion of national cultural expressions- Increased partnerships and collaborations- Increased Cultural development  programmes and activities 

f.2 Financial resources allocated to implement the measure: 

Implementation of the mesaure is through the regular government budgetary allocations to national and county governments. 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Draft Culture Legislation

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

In the last  four years Kenya has been developing a culture legislation to provide a legal framework and mechanism for safeguarding and development of culture. The draft culture bill which is now in its final stages, was developed through wide stakeholder consultation. The draft  legislation  has provided clear direction on protection and promotion of culture. Further, the draft legislation seeks to establish a  national culture and arts council as an institution for promotion of cultural expressions. The proposed  Culture and Arts council is expected to enhance the production and creation of cultural goods and services. It is also expected to be in the forefront in advoacting for better working conditions for artistes.  The main functions of the council will be to; promote and  foster appreciation  of Kenyan cultural expressions for  creation of opportunities and enhancement of livelihoods through job creation and generation of incomes.  The council is also expected to promote  the visibility of Kenyan cultures and cultural heritage through recognition of cultural / creative talents. The bill proposes that members of the board of the council to be drawn from national art and culture organization. Inclusion of representatives of  artists in the council will improve cultural governance, raise their voices  and ensure that government initiatives serve needs of the artists. Final drafting of the bill has been done and the bill is now awaiting enactment by parliament.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
c.3. the main feature of the measure: 

The main feature of the draft culture legislation is establishment of the culture council is an institutional framework for promotion of culture. This institutional framework is indeed envisioned in the national culture policy for the promotion and development of culture and arts. Also the proposed Council is an international standard that facilitates participation of cultural actors and civil society in good governance. The Culture Council is crucial in furtherance of democratic governance in promotion of culture by enshrining participation of cultural actors in management for greater accountability, participation and protection of culture as basic human right for individual citizens and communities.   Also the East African Community through the EAC Legislative Assembly recently passed law establishing the East African Culture and Arts Council and member states are expected to domesticate their laws to reflect same.  Further the proposed Culture Council is a policy measure and institutional framework that 2005 UNESCO on protection and promotion of the diversity of cultural expressions at national levels.  It is an important institution that will facilitate participation of civil society and art organizations at international meeting that require national stakeholder institution other than government officials participate in such meetings. Kenya has been missing participation of cultural actors in these international forums due to lack of an established institution framework for cultural actors. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-  national cultural development- enhanced protection and promotion of culture -An enabling environment for promotion of culture-  Improved cultural governace - incresaed funding for culture- intergration of culture in development policies - participation of citizens in cultural  programmes- coordinated efforts and collaborations in culture development programmes - increased investment the culture sector  

f.2 Financial resources allocated to implement the measure: 

The implementaion of the proposed legislation will be funded by the government under the regular budgetary allocation for promotion of culture 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

kenya School Music and Drama festivals

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The Kenya  music and drama festival  is  a programme under the ministry of education that nurtures artistic talents in music and drama.  The main objcetive of the festivlals is to promote culture as one of the goals of education as well as promote  extra carriculum activities within the school programmes.  The programme is an annual event fully funded by the government which provides oppotunities for school pupils and college students to create and  showcases drama and music artistic and culturla  creations at a national festival. Entries for participation are drawn from primary to college and university levels.The programme provides a platform for pupils  and students to express their cultural expressions  competitively. The festivals  are organized by the Ministry of Education and is  funded by government. The programme through competition  starts from the loca level to get entry to the to national level. The competitive nature of the festival provides an opportunity for students and pupils to be creative  in their talents and  pieces. The festival  has enabled some of its participants to link up  with  producers  after school and have made careers from their creativitly. Indeed the current education education reforms in Kenya which have been ongoing  for the last two years have reccomended  that reative arts subjects be introduced as  examinable subjects in the curriculum to enable those with talents pursue arts as careers. Though the current  education curriculum recognizes craetive arts as a subject at primary level it is not examinable and the subject is general and hampers progression of pursuing art at higher levels of education.  This move is likely to  encourage study of arts subjects and will improve the  quality and standards of creations showcased at the festival. Further the reforms will support study of the arts at higher education levels  thus increasing the proffessionals in the field as well as provide  skilled manpower for the creative and cultural sector.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The Kenya Music and Drama festivals is organized by a national organizing committee housed within the ministry of education. The Kenya Music and drama festivals involves music and drama performance by talented school and college students from different t zones within the county. These regions are created by the Ministry of Education for easy management of the festival competitions. The Regional Drama and music Festivals involves a competition of performances from counties which is referred to as zonal   festival which progresses to regional festival and then to the national festival.  Currently there are 8 regions. The Lake Region covers some parts of western Kenya, largely around Lake Victoria including Kisumu, Siaya, Kisii and Homabay counties. Nzoia Region also includes some areas in the western part of Kenya including Busia, Kakamega, Mumias, Webuye, Bungoma, Trans Nzoia and West Pokot Counties. Mau Region includes Nakuru, Eldoret, Narok, Uasin Gishu, Elgeyo Marakwet, Nandi, Baringo, Laikipia, Turkana, Kericho, and Bomet counties. Metropolitan Region includes Nairobi, Kajiado, Makueni, and Machakos counties. Highlands Region constitutes Meru, Embu, Isiolo, Tharaka-Nithi, Kitui, Isiolo and Marsarbit Counties. Coast Region constitutes Mombasa, Kwale,Kilifi, Tana River, Lamu and Taita Taveta counties. Northern Region constitutes Garissa, Wajir and Mandera countiesThe National Drama Festival involves winning performances from all the different regions in the country. This structure allows for as many learners as possible to participate in theatre and music competition.  The festival is indeed the single biggest educational theatre event in Africa

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-  Mainsteaming of the arts within the Education System- nurturing of young talents- celebration of cultural diversity - enhancenemnt of skills related to creative talents- Awareness creation on the value of arts in society- Creation of awareness on issues affecting society through arts - Enjoyemnt of culture 

f.2 Financial resources allocated to implement the measure: 

The festival is funded by the government through the regular budgetary allocations to the ministry of education but it also attracts huge sponsorship from private cooporate organizations 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Private media stations and corporate organizations such as;  NTV have been sponsoring the festival and have participated in marketing and recording of the programme as well as providing prizes for the winners. Britam a local insurance has also sponsored the festival.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Regulation on airing of 40% local content for broadcasts

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The Kenyan government in 2014 passed a broadcasting regulation requiring broadcasting stations to ensure 40% local content in TV and radio  broadcasts. The policy direction has expanded the markets for distribution of local film, plays and music. There has been a tremedous increase in the number of locally produced films and music to meet the policy requirement. The policy direction has  created new opportunities for artists and local producers  thus new job and income oppotunities. Further the policy has created new opptunities for  distribution of cultural goods and services. The policy has increased diversity of  cultural expressions that are braodcasted giving citizens wider access to diverse cultural expressions.Citzens can now enjoy local cultural expressions even in local languages thus promoting the diversity of cultural expressions. 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
regulatory
c.3. the main feature of the measure: 

 The main feature of the measure is the mandatory regulation passed by the Communications Authority of Kenya (CIA requiring n airing of forty per cent 40% local content by radio and television broadcasters. The regulation further requires that the broadcasts air and observe restrictions on adult content. The stations are required to submit their weekly programming log to the Communications Authority of Kenya (CA) for scrutiny. The new regulations released by CA Director-General require broadcasters to submit recorded events to the authority immediately after airing live functions. The purpose of regulations is to increase the quantity of local content viz a viz the foreign content and make improve access of available Kenyan cultural expressions. That policy direction has expanded the markets for distribution of local film, plays and music, thus, creating new opportunities for artists and producers in Kenya. The move provides for new opportunities for the enhancement of local productions as well as improved channels for distribution of cultural expressions including those in local languages thus promoting the access to diversity of Kenyan cultures. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- improved access of diverse local cultural expressions - enjoyemnt of culture by citizens- increase in quantity of local cultural expressions aired on radio and Television,- improved incomes for artsits, producers and communities from royalties paid by the broadcsaters - improved quality of productoions from competition- new jobs created for artists and producers - enhanced contribution of the sector to the national economy - new distribution channels for creative cultural works - new innovations in the production of cultural goods and services 

f.2 Financial resources allocated to implement the measure: 

The financial allocations for  implementation of the measure is under the regualar government budgetarty allocation for the Communications Authority of Kenya. 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

All Kenyan private Television and Radio broadcast stations are directly engaged in implementation of the measure as the law requires that they ensure compliance. Private Television and radio broadcasts are required to air 40% locally produced productions and creations  and to give compliance reports to the Communications Authority of Kenya.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Churchill Commedy Show

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The main objective of the churchill commedy show is to tap, nurture and link to the market new artistic talents in the area of commedy. The show is aired on local national televison and quite popular with wide viewership.  Currently the show is aired on NTV twice a week and i s also showcased  to live audiences once a month at a popular private entertainment space/ hotel. The show targets new young commedians and provides an opportunity for  them during auditions and those found with unique and talents in commedy are provided an opportunity to perform during the Live performance show. The best of the performers from the live show  are showcased on the television show.The show during the last four years has nurtured and linked to the market and industry many commedians who now earn livelihoods from   such performaces.The commedy show has created a platform for tapping new comedians and has created a unique  outlet for showcasing new talents in the field of commedy. 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the measure is that the  measure  targets young people with talents on commedy. The measure targets yougn disadvataged youth out of school who woul in normal circumstances  not get an opportunity to express their talents and get known or link with the market. Commedy is among the most difficult  art  genres for an artist to make it in kenya. The show is an initiative of a private citizen who is also a commedian who made it through difficult circumstances and wished to give back to society by supporting young talents in commedy has had great impact in promotion of the sector. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-promotion of talents- enjoyment of cultural expressions- creation of oppotunities for youth to earn from their talents- increase in local cultural expressions on TV- creation of networks of artists

f.2 Financial resources allocated to implement the measure: 

Private initiative not funded by government

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Kalasha International Film & TV Festival

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The Kenya Film Commission  has been implementing an award progrmme dedicated to promoting culture, stories, creativity and skills within the East African region. The Kalasha International Film & TV Festival & Market brings under one roof 3 main activities: The Kalasha Eastern Africa Film & TV Trade Show, The Kalasha International Film Festival and The Kalasha Film & TV Awards. The progrmme  is a creative hub that brings together players from the Eastern Africa Film & TV industry in one place and at the same time; offering a platform for all the players and the festival goers from the Film & TV industry to gather, discuss, exchange, collaborate, share stories and develop new business opportunities. The main objective of the programme is to showcase Kenya as a major regional hub for film and TV production, post-production and distribution across all platforms and genres while reinforcing the uniqueness of Kenya as a shooting location. It is catalyst in creating a vibrant film & TV industry which contributes in shaping Kenya’s image at the international level, enhance tourism, provide employment and foster local productions and skills. The Commission has carried out an independent film industry gap analysis baseline survey to determine the skills gap within Kenya’s film industry with proposed recommendations on how to enhance production and uptake of local content aired by broadcasters and Cinema theatres. Arising out of these recommendations was the proposal for support of capacity building initiatives for local content producers geared towards enhancing production, post production, marketing and regulatory skills necessary for the attainment of quality and affordable local content. In 2014, the film commission negotiated for a film incentive and stimulus package for the film industry which was granted in 2015. The incentives are in favor of the local film maker and partially make the film industry attractive for foreign film makers.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of  the kalasha film  festival are  the competition entry categories for the awards that diverse creators, producers and media of film productions .The main award categories include the following; Creators and artists  

  • best lead actress in a film

·         best supporting actor in a film·         best supporting actress in a film·         best sound designer·         best original score·         best editor best lighting technician veve·         best special effects·         best original screen play·         best feature·         best director of photography·         best documentary·         best short film·         best production designer·         best director ·         television·         best lead actor/ actress in a tv drama·         best performance in a tv comedy·         best host in a tv show·         best tv documentary·         best tv comedy·         best tv drama 

  • special awards

·         best feature by a student·         best documentary·         best diaspora production·         best animation production·         best feature- east african category·         kfcb award for best watershed compliant station kbc·         lifetime achievement award·         Local TV Advertisement 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- New Market oppotunities - improved distribution channels - improved film standards - Visibility of local films- increased networks for creators artsists and producers - Skills improvement in film production- Awareness creation on local films- increase in local content -Enhanced profile of local films 

f.2 Financial resources allocated to implement the measure: 

The Kenya film commision is a government agency created by government policy to promote film and recieves regular annula governemnt funding through the relevant ministry. Currently the Film commision is under the ministry of sports culture and arts. The commisiion also mobilizes other resources from  its partners and donors to support its activitiess and programmes. 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Independent film producers have been partnering with the Kenya film commission to organize the annual Kalasha film awards.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

The Copyright Act 2001

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The government in the last two years has been reviewing the Copyright Act 2001 which provides for protection of artistic related rights. The review of the Copyright Act is aimed at strengthening the protection of rights related to cultural expressions to ensure that creators benefit from their works and talents. The Kenya Copyright Board is mandated with the administration and enforcement of copyright and related rights and is responsible for organizing legislation on copyright and related rights; conducting training programmes on copyright and related rights; enlightening and informing the public on matters related to copyright; licensing and supervising the activities of collective management societies; and maintaining an effective databank on authors and their works. It’s Board is comprised of members drawn from both the public and private sectors.  The members from the private sector are nominated by associations representing software, producers of sound recordings, publishers, film distributors, performers, broadcasting stations, musicians and the audio-visual industry. The Board Licenses and supervises activities of Collective Management Organizations (CMO’s) as provided for under the Act. The (CMO’s) are very important in managing and negotiating distribution of creative works. They advocate for fair bargains for use of creative works and are engaged in monitoring use of copyrights. They maintain   an effective databank of creative works and monitor use. The Collection Management Organizations (CMO’s) collect and distribute royalties to musicians, performers and producers. These CMO’s have in the past four years strengthened their collection capacities increasing annual incomes for their members.  Strengthening of the Music Copyright Society of Kenya has enhanced collection and distribution of music royalties to its members.  The CMO’s collects on behalf of registered artists royalties. Through regular payments of royalties the organization has encouraged many young people to enter the industry f

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
c.3. the main feature of the measure: 

The main feature of the measure is the Kenya Copyright Board (KECOBO). The Board is responsible for organizing legislation on copyright and related rights; conducting training programmes on copyright and related rights; enlightening and informing the public on matters related to copyright; licensing and supervising the activities of collective management societies; and maintaining an effective databank on authors and their works. Its Board is comprised of members drawn from both the public and private sectors.  The board licenses and supervises activities of the following collection management organizations ;

  • Kopiken is designed to license the following activities; Photocopying or scanning from books journals or magazines, copying or printing articles form websites or digital content, Emailing copies of articles or extracts from publication, and storing copies of articles or extracts on your intranet  and accessing or sharing online press cuttings.
  • Performers Rights Society of Kenya (PRiSK)  a collective management organisation licensed by the Kenya Copyright Board to represent performers in musical and dramatic works. For more details please visit: http://www.prisk.or.ke
  • The Music Copyright Society of Kenya (MCSK) aims at collecting and distributing royalties on behalf of authors, composer and publishers in the music industry. For more details please visit: http://www.mcsk.or.k, MCSK also has an awards scheme  which  awards top performers. It has partnered with a local mobile company to enhance distribution of  music i.e. Safaricom  Skiza tunes agreement which has improved collection of  royalties that arev eventually be distributed on a monthly basis.
  • Kenya Association of Music Producers (KAMP) is mandated to collect for and distribute royalties to producers of sound recordings. For more details please visit: http://www.kamp.or.ke

 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 
  • Enhanced creativity
  • Fair remuneration for creators and artists for the use of their works
  • Improved bargaining power by Collection Management Organizations  
  •  Protection of works from use without permission
  •  Easy and legal access
  •   Users can comply with legislation
  •  Fair and affordable conditions
  •  Negotiations among professionals
  • Enhanced number production and distribution of cultural goods and service
  •  Improved local content  materials  
  • Enhanced awareness on copyright laws 
f.2 Financial resources allocated to implement the measure: 

The Kenya copright board recieves its resources from the regualr government annual buadgetary alloaction to fund its  operations and activities

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Implementation of the Copyright Act 2001 require engagement of private registered collection companies. These companies are registered by Kenya copyright board are comprised of national stakeholder companies that collectively administer the rights of their members such as; composers, performers, authors, artists, book publishers.  The registered companies   collect and distribute royalties on behalf of creators. Currently, there are four such bodies:  Music Copyright Society of Kenya, The Reproduction Rights Society of Kenya, Kenya Association of Music Producers and the Performers Rights Society of Kenya.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Community cultural festivals.

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Many communities in Kenya hold annual community cultural festivals to celebrate their cultures. These festivals have been part and parcel of Kenyan community celebrations over the years. They are deeply enshrined as part of cultural practice and mark rites of passage and cycles of community traditions and practices. They are vehicles through which cultural traditions and practices are transmitted through performances and exhibitions. They promote intercultural understanding and showcase various communities’ rich and diverse cultural expressions. Further they are platforms for nurturing talents and provide avenue to market cultural expressions. These festivals’ are major tourist attractions both at local and international levels. The community cultural festivals are deep rooted and city and urban dwellers have designed unique cultural celebrations in urban settings. For example many hotels in Nairobi host annual community cultural celebrations themed on particular ethnic groups and these attract large audiences. The celebrations in urban settings are not only avenues for cultural expression but economic ventures for major hotels. These celebrations keep  alive cultural connections of city dwellers with their ethnic  cultures

c. What is: 
c.1. the scope of the measure: 
Local
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the measure is the local  festival commitee that plans and executes the community cultural festival. The committee is comprised of local cultural leaders representing various cultural expressions valued by the community. The commitee also co-opts other members from the local government representing relevant officials and politicians that seem keen to promote culture. Community  cultural festivals happen annually at specific periods of the year that concide with productive cycles of the life of communities. The fetistivals are major platforms through which kenyan communities celebrate their unique cultures. The festivals include cultural performaces and exhibitions of uniques cultural expressions by various age sets and gender. The festivals are an institution through which cultural expressions are preserved and transmited to the next generation. These festivals are a major attrcation to the local communities to celebrate their cultural diversity and though they attract visitors from other communities and tourists majority have not been commercialized  as ecoenomic ventures. The festivals though have influenced local governments to provide  and improve spaces for cultural expressions and dialogue  as the fetivals are held at public spaces. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Mainstreaming of culture in development- A coordinated guide on cultural development at national and county levels-Enjoyment of Culture-Protection of cultural expressions - cultural  creativity - visibility of community cultures-Enhanced collaboration mechanisms between the national and county governments-Enhanced participation of citizens in cultural governance- Promotion of national cultural expressions- Increased partnerships and collaborations- investment in Culture- Awareness on importance of culture in development. 

f.2 Financial resources allocated to implement the measure: 

Though the government partly funds the feativals the main budget of the festival and resources is done by the festival commitees from varous partners and sponsors 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Private hotel owners have been engaged in promotion of cultural festivals especially in the city of Nairobi. These have organized the community festivals from a business angle targeting city dwellers with income to enjoy their local cultural expressions away from home at a fee. The festivals have targeted individual ethnic communities living in the city and unlike the local festivals the festivals organized by hotels and private event companies involve high level marketing and branding strategies. Due to the professional nature of their organization they also attract clients from other communities that are keen to enjoy and sample other community cultures. The festival als also target professional artists and exhibitions. Event management companies are also engaged in organizing and implementing cultural festivals such as safaricom jazz festival and Groove awards that target musicians and these attract huge audiences.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Establishment of a Ministry responsible for culture

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Kenya has in place a ministry responsible for promtion of culture. The Ministry is expected to provide relevant policy framewoork and conducive environment to support enjoyment, creation producationa nd distribution of cultural expressions.The government, in May 2015, created a State Department of Culture and Arts to focus on promotion of culture and arts. The main mandate of the State Department of Culture and Arts include;The Department of Culture in partnership with KNATCOM is currently developing a policy framework for the promotion of Creative and Cultural Industries in Kenya that hopes to give specific policy guidelines for enhancement of creation, production and distribution of cultural goods and services.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the measure is the Department of Culture which madated to promote and safeguard national cultures and is required to work with relevant culture stakeholders. The departemnt of culture coordinates all national cultural programmes with stakeholders and is the focal agency for the ministry on implementaion of cultural policies including coordination of the implementaion of unesco cultural conventions. The department of culture has establsihed networks and linkages  with  county governments, cultural organizations , civil society art groups and other relevant government agencies. The Department of Culture coordinates stakeholder participation in policy reforms as well as programmes and also in the monitoring of implementation of programmes. The Deapartment has a data base of cultural organizations and cultural groups opertaing in the country through the national registration.   

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-Provision of necessary policies for cultural development-domestcation of conventions  and implemenation of programmes and policies - promotion and protection of national cultures - enhanced  networks  and collaborations - investment in the culture sector 

f.2 Financial resources allocated to implement the measure: 

Finances for operation are provided under the regular budgetary allocations for promotion of culture 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
Have you taken or supported initiatives involving civil society in activities: 
Promote the objectives of the convention through awareness raising and other activities: 
Yes
Please explain how: 

The  government through the ministry reposnsible for culture has engaged civil society organizations during awareness raisng workshops. Civil society orgnaizations have been invited to various dissemination workshops on the convention and this has greately influnced and revitalized their activities of engaging government in policy reforms and on cultural governance. For example the  Kenya after the awareness raising programme, the  Creative Economy Working Group which is comprised of several affiliate organizations from the creative and cultural has  organized meetings, workshops and retreats on promotion of cultural expressions and on ongoing  cultural policy reforms.The working group has engaged the ministry of sports culture and arts policy makers, parliamenatrains and media to  to promote the principles and objectives of the convention locally and internationally. Several civil society organizations have invited government officials including the focal point of contact to make presetaions at their forums on the promotion of the diversity of cultural expressions. Some of the civil society organizations that have engaged the Department of Culture to make presenations at their forums and conferences include; the the Go  Dowrn Arts Centre national conferences on creative economy, Creative Economy Working Group monthly meetings, Hivo's Board  meeting  , at Slum Film Festival , at civil society policy dialogues among others. Further civil society organizations  have  enhanced   documentation of  such dialogues and come up with reports and documentaion on such engagements.

Collect data and share and exchange information on measures adopted at local and international level: 
Yes
Please explain how: 

The government has organized several culture stakeholder workshops to disseminate unesco conventions and has invited experts to share information on measures adopted at international level on collection of data for example the unesco classification  of cultural and caretive industries including the domains has been shared with various stakeholders to help in reasearch activities.    For example the ministry has shared with civil soaciety during various workshop the; UNESCO Institute of Statistics (UIS) which was an instrument / standard developed  to assist member states to collect cultural data through the 2009 UIS Framework for Cultural Statistics (FCS).  Civil society organizations are now using the inforamtion and knowledge to articulate policies in their own reserch undertakings. Currently the ministry of culture has initiated dailogues with civil society to identify categories of the sector in the the cultural and caretive industries that will be used for the national survey on the sector.  [1]Though Kenya has not yet undertaken an official survey on the performace of the cultural sector  there have been some attempts to carry out research on the contribution of the cultural and caretive sector to the economy. For example the ministry of culture attempted to carry out a national survey on contribution of culture to the economy and had egaged  civil society but that survey is yet to be finalized and is yet to share the outcomes of that reaserch. and existing research reports are in draft form and have not been shared as the information is yet to be validated. Civil society though and other stakeholders have attempeted to collect data that is alo not official and may not be quoted as official data.

Provide spaces where ideas of civil societies can be heard and discussed while developing policies: 
Yes
Please explain how: 

The Department of Culture has in the last four years invited civil society organizations to several cultural policy workshops and dialouge meetings  i.e.  during ; the review of the National Culture and Heriatge  Policy, formulation of draft Culture Bill, Languages of Kenya Bill and Policy, Music Policy and Film Policy. The ministry of sports, culture  and arts through the respective departments has aslo  provided civil society public venues to contribute and influence policies. The Creative Economy Working Group, in particular, has been active and participated in all cultural policy reforms. In the last four years, Civil society organizations have also provided the government with spaces and venues through partnership to discuss policy matters. For example the Go Down Arts Centre, Twaweza Communications, HIVOS and Ford Foundation have been regularly providing meeting venues for cultural policy meetings involving government and civil society organizations.The ministry of culture in kenya has also partnered with foreign missions in kenya for example the freanch cultural cenatre the british council and swedish embassy to provide   spaces and venues  for cultural actors and  civil society to raise issues on cultural governance. The Departemnt of Culture has participated in several  dialogues meetings and forums where civil society has been engaged in culture  policy discussions by other stakeholeders. The ministry has realized the importance of public participation and has invited representatives of civil society in all policy discussion forums. Kenya's constitution requires that all policy developemnt matters engage participation of citizens and this requirement has provided civil society more avenues to present their ideas on government policies. During the last four years the civil society have submmited memorundums to parliament and to cabinet secreatry in charge of culture on their position on policies and laws being formulated.

Implement Operational Guidelines: 
Yes
Please explain how: 

The Département of Culture has engaged Civil society in developing and implementing guidelines on the Cultural Policy and National Culture Bill. Civil society organizations contributed to developing the implementation matrix for the national culture policy and culture bill. Civil society organizations have been working and partnering with government in implementation of programmes to promote policy reforms  that support the cultural and creative sectors.The Slum Film Festival a non-governmental organization has been implementing the Convention through support and transfer of technology in film. The Slum Film Festival is a community-based annual film event featuring stories from, by, and about people living in urban slums. It is both a celebration of the creativity of filmmakers living and working in slums, as well as an opportunity to promote – through a week of outdoor screenings – a diverse range of films within communities. The organization seeks to discover, inspire and equip young independent film and theatre artists from the Slums around Nairobi with practical skills to develop and sell their talents and use film as a key tool for promoting social change within their communities. The initiative empowers young people of the slums to talk, discuss and explore their issues through film. The programme focuses on new ways of imagining human potential, and fights against the emerging habit of ‘waiting for somebody to help you’, promoting empowerment from within through film to “unlock” the potential of people of the slums and allow them to use their ideas, talents, initiatives. The organization has encouraged young creative people living in slums to consider film-making as an avenue for self- expression, demonstrating that film is not an elitist practice, but a powerful form for telling stories about life in slums as well as contribute to a film-viewing culture in the slums, increasing the visibility of the arts as a way to address the sometimes crippling complexities of life.link www.slumfilfeatifal.net

Other: 
Please explain how: 

The Go Down Arts Centre, an non-government agency, has in the last four years  undertaken several initiatives  and activities  focused on the growth and visibility of of local artists. The NGO   has faciliated programmes on awareness raising through organization of national  conferences and regional conferences to discuss policy matter affecting the creative and cultural sector and they have provided the  inputs to government on behalf of the artsits.  Further the  organization has undertaken various programmes to enhance capacity of artsits through skills development and cultural exchange to promote the production and distrubution capacities of artists. The NGO has been implementing  annual programmes  such as exhibitions through the majano arts fetival, trainings,  festivals such as NAI ni WHO  and provided space for productions of actual cultural goods and services such as Sakata dance competition and production of the XWZ a TV puppetry sho on governance. The Go Down Arts Centre   have also been  implementing several culturall exchages by working with freidly foreign missions such as scotland and swedish embasies to implement programmes focused on  building  capacities  of entreprenures in the creative and cultural sectors.  The organization in the last four years has engaged cultural entrepreneurs, artists, government officials, civil society and art organizations to discuss policy and impart skills on the creative cultural sector. They have indeed engaged the Departement of Culture in all their policy discusions and have been lobbying policy makers to formulate and implement policies and measures on the protection and  promotion of the diversity of cultural  expressions.       Their link    http://www.the godownartscentre.com 

Is Civil Society contributing to this report?: 
Yes
Name of the Organization(s): 
1. Creative Economy Working Group
THE HEVA FUND
AFRICAN REGERATION CULTURAL INSTITUTE
THE NEST
PEN KENYA CHAPTER

Contribution from Civil Society

This section is to be completed with information provided by civil society: 
Has the civil society taken initiatives to: 
Promote the principle and the objectives of the Convention locally and internationally: 
Yes
Please explain how: 

The Theatre Company of Kenya, in collaboration with Storymoja and the Colombian Embassy in Kenya created the first Arts & Culture exchange programme between Kenya and Colombia. The Colombian Dance Company El Colegio del Cuerpo (The School of the Body) from Cartagena visited Nairobi for a week for  workshops, demonstrations and  created performance in the Michael Joseph Centre / Safaricom House .El Colegio del Cuerpo is a Contemporary Dance Formation Centre, choreographers and pedagogues Álvaro Restrepo (Colombia) and Marie France Delieuvin (France). The Colombian Ambassador, Mrs María Eugenia Correa Olarte, made this Arts & Culture exchange possible because she and the Colombian Ministry of Foreign Affairs found it important to share Colombia’s rich culture with the rest of the world. The exchange  built bridges between the African continent and the afro descendant cultures present in Colombia’s territory. At the same time, the visit by ‘El Colegio del Cuerpo’ celebrated the relationship between the two sister Hay Festivals: Hay Festival Cartagena in Colombia and Storymoja Hay Festival in Nairobi. Hay Festivals are organized in 10 cities around the world every year and is held every September at the Nairobi National Museum.The National Book Development Council of Kenya Burt Award for African Literature is a partnership with the Canadian Organization for Development through Education. The generous support of Canadian patron, Mr. Bill Burt, has in the last four years  coordinated the Burt Award for African Literature. The main of the Objectives of the Award are to; To recognize excellence in young adult literature from Kenya; The Awards include cash prizes ranging between   $9,000, $7,000 and $5,000 for 1ST , 2ND and  3RD  winners respectively. Publishers of winning titles are also awarded a guaranteed purchase of up to 3,000 copies of each winning book and will be encouraged to develop digital versions (ebooks) of winning titles.

Promote ratification of the Convention and its implementation by governements: 
Yes
Please explain how: 

The Kenya Creative Economy Working Group under the auspices of the Ford Foundation was an expression of the need for knowledge generation and sharing to develop a sustainable framework that would contribute in guiding the creative sector. The Creative Economy Working Group entered the discourse in 2013, with the aim of contributing to a policy framework for Kenyan creative industries, as well as related, diverse activities that help aggregate and focus the picture of Kenya creative economy as it evolves. The overall goal of the Working Group is to see Kenya’s creative economy integrated in the national development agenda and supported and developed consistently and strategically by stakeholders at all levels of government -national and county.  The creative economy working group has beeb on the forefront in following up on implementation of cultural policies by the governemnt and especallially policies on promotion of cultural expressions. The Group has been actively egaging the ministry for the last four years on cultural  governace and policy issues and they have engaged policy makers in policy debates on implemetation status of government policies.

Bring the concerns of citizens, associations and enterprises to public authorities, including vulnerable groups: 
Yes
Please explain how: 

Civil society in the last four years has engaged media and written opinion articles on newspapers on matters realted to cultural policy reforms and governance issues. Through the media civil society has raised concerns affecting vullnerable groups and have  further engaged public officials in public forum debates to advocate for inclusion of issues of the sector and those of  vulnerable groups.Since its inception in 2013, HEVA Fund has worked to bridge the gap between policy makers and industry stakeholders. In joining numerous associations within the industry as well as private sector such as KEPSA (Kenya Private Sector Alliance), Artisans for Alliance Enterprise, ACTIF (African Cotton and Textile Industries Federation) and EAVCA (East African Venture Capital Association), HEVA has been at the forefront in initiating dialogue to enhance the visibility of Kenya's creative industries.

Contribute to the achievement of greater transparency and accountability and accountability in the cultural governance: 
Yes
Please explain how: 

Some of the civil society organizations in the last four years have contributed to greator transparency and good governace through creative productions for example Buni Media have sponsored artistic productions such as the XYZ Show which is aired by TV Staions is very vocal on coruption using puppertry. Currently the Tuko macho series by the NEST show is very popular among the youth and is focused on improving quality of leaders that Kenyans elect. Civil society have also contributed to raise their voices through the jahazi journal by the Creative Economy.PEN Kenya chapter has been  published several newspaper articles to raise cultural governace matters that affect the sector. Twaweza communications has also through its Director engaged the media to highlight varous challenges affecting the creative cultural sector and urged the governement to take  necessary actions.

Monitor policy and programme implementation on measures to protect and promote diversity of cultural expression: 
Yes
Please explain how: 

Civil society organizations have monitored policy and programme implementation through organizing forums to discuss status of implementation of policies and bills and have consistently engaged the government.  The Creative Economy Working Group for example in their montly meetings in the last three years have reviewed sataus of implementaion of policies and through the private sector alliance have engaged the cabinet scretary on progress

Build capacities in domains linked to the Convention and carrying out data collection: 
Yes
Please explain how: 

Civil society organizations have monitored policy and programme implementation through organizing forums to discuss status of implementation of policies and bills and have consistently engaged the government.  The Creative Economy Working Group for example in their montly meetings in the last three years have reviewed sataus of implementaion of policies and through the private sector alliance have engaged the cabinet scretary on progress. Through numerous reports and studies commissioned by HEVA on creative sector over the last few years has generated insights on the significant gaps in the production and distribution of cultural goods and services. To tackle this, HEVA has developed an investment and business support facility which targets addresses the needs of early stage businesses as well as the next phase stage of growth. HEVA currently supports early stage creative businesses in fashion, apparel, commercial photography, crafts, interior décor and interior design with working capital, supply chain financing, legal consultancy, business modelling, human resource and market creation support. HEVA also invest through the B2B facility, in critical value chain gaps; production units for apparel, the establishment and growth of lifestyle-oriented retail spaces, access to enabling infrastructure such as machinery and equipment, and strategic capacity building for the practitioners working to bridge these gaps.HEVA receives more investment requests, than can be able to meet. As a commitment to the creative ecosystems, HEVA legal, financial and business advice to help businesses become ready for investors, in order to access other investment facilities available in the market.in partnership with our development partners, HEVA Forum is able to make available capacity building opportunities and training workshops for all the businesses which made the first shortlist. These sessions are conducted by regional and global leaders in specific fields who offer practical and hands on training to enhance product development and business growth

Create innovative partnerships with the public and private sectors and with civil society of other regions of the worlds: 
Yes
Please explain how: 

The Go Down Arts Centre in the last two years has been coperating with the Swedish Embassy and other institutions in Sweden to promote creative enterprenuers through innovative partnerships and cxo creation between Kenyan creative enterprenuers and Swedish entrepreneurs. Results and impact of the the programme is on going and results could be captured in the next quadrennial report.

Challenges encountered or foreseen to implement the Convention: 
1. Lack of coordinated national implementation programme for the Convention. 2. Lack of official cultural statistics on value of the sector to the economy 3. Inadequate legislative framework to guide the sector 4. High cost of production and licensing
Solutions found or envisaged: 
1 A national policy framework for the implementation of the convention. 2 Conduct regular national surveys/research on contribution of the culture/creative industries to the economy. 3 Establish a continuous monitoring system for industry 4 Enactment of r
Activities planned for next 4 years to implement the Convention: 
1 Continued policy reforms 2 Dissemination of the policy 3 Capacity building of stakeholders on implementation of the policy framework on promotion of the creative cultural industries. Sensitization programmes. 4 Strengthening of stakeholder’s participa
Describe main results achieved in implementing the Convention: 

 The main results achieved in the implematation of the conevetion in the last four years in kenya include;1. Enhanced awareness on the 2005 unesco convention. Most of the cultural actors and communities are now more aware of their social cultural rights and are keen to improve and particiapte in cultural governace. Communities for example are now aware of the need to protect and promote the diversity of cultural expressions at local levels and they have been engaging their leaders and local governements to improve policies and infrastructure for promotion and protection of their  of cultultural expressions.  2. Improved civil society participation in policy reforms. Civil society organizations in kenya  have been keen to participate in policy reforms and have partcularly contributed to policy debates in formulation of the draft culture legislation. Civil society organizatons through the creative ecoenomy working group gave submissions on issues they wanted included in the draft culture legislation and they have continued to engage and monotor progress of the formulation of that legislation. further civil society in kenay actively participated in the formulation of the East african Community proposed law on promotion of culture and craetive industries.  members of civil society are currently enaged in policy debates with the ministry of culture in regard to formulation of policy for promotion of the caretive economy.3. Recognition of the need to promote and  the diversity of cultural expressions in other related policies and programmes. for example the current reforms on education cariculum have reccomeded introduction of the arts  subjects.4.  Celebration of the diversity of cultural expressions, over the last four years there has been a tremedous increase in the number of community cultural festivals celebrations in Kenya. These fetsivals which showcase and celebrate community cultural expreesions are important in safeguarding uniques skills and they also  promote economic activities. They have attracted funding from local governments  and leaders.

Challenges encountered or foreseen to implement the Convention : 

Among the key challenges experienced in implemetation of the convention have been;1. Inadequate funding –there is no specific budget line allocated for the implemetation  of the convention and programmes on the convention have relied on the  general culture budget lines. In kenya the  culture sector  received relatively low funding compared to other sectors of the economy during the  last four years. This negatively affected implementation of the convetion. 2. Lack of national cultural statistics / data negatively affected policy. It has been quite difficult to justify proposals and programmes as their is currently no evidence of data in regard to the contribution of the sector to the economy. Aslo kenya has not  undertaken any official classifiaction of the creative cultural sector and work of artists is classified together with unskilled labour and proffesions in the sector do not exist. The situation has made it difficult to extract data on the sector from other existing  official data for example from; taxation categories , exports and imports. Lack of data hampers prioritisation of the sector in  the economy.  3. Exclusion of creative arts and culture in the education system negatively  affected the attitude towards the sector as a proffesion. Art and culture subjects are not taught schools and are not examinable in primary and secondary education. Majority of the artists are either self taught or have gained skills through informal mentorship and this affects the quality of cultural goods and services. there is no linkage between education sytem and the creative cultural industry. the few proffesionals who are skilled have either trained outside the country or private international schools nad colleges that are too expensive for the common citzens.4.  Lack of awareness of the importance and role of culture in sustainable  development by key policy makers in government which has  affected intergration of culture in national development plans.

Solutions found or envisaged to overcome those challenges: 

the key solutions envisaged to overcome above challenges include;1. Intergration of culture to in developement through enactment of national legisltion to guide policy actions in promotion and protection of culture. It is envisaged that if the draft culture bill is finalized it will provide legal and institutional mechanism for protection and promotion of national cultural expressions.  The envisaged law will also provide local governments with guide to promotion of culture at local levels.  The culture legisltation will be a catalyst for inclusion of culture in sustainable development plans.2.   Mapping  and undertaking of a  national survey on the value of the cultural  sector is key to improving policy decisions on the sector. The government through the ministry responsible for culture to spearhead a national survey on the cultural sector. The national survey should engage both private sector and civil society to ensure that data collected is creadible. 3. Implementation of ongoing education policy reforms to include creative arts and culture in the school and college cariculum is important to  improve skills in the sector through eduaction and training. It is important for the ministry responsible for culture and eduacation to further engage on policy direction on how to link the talents from the school music and drama festivals with the industry to help link talent with industry.4.Continued Disseminationand monitoring  of the implementation of the convention to policy makers, cultural actors and civil  society to enahnce particiaption and cultural. Further sensitization of policy makers and opinion leaders  on importance of sulture in suatainable development for example sensitization of  parliamentarians and local government elected leaders  is required   to ensure prioritization of passing of laws and policies to support protection and  promotion of the diversity.5. Designing of a stategy for mobilization of resources  from parners and private sector to support the  implementation of the convention by different  stakeholders. 

Steps planned for the next 4 years: 
  1. Awareness creation programme- Enhance sensitization programmes to enhance awareness raising on the convetion  at county levels. Though several diasemination workshops have been undertaken at the national level thre is need to focus on county governments and grassroot communities and artists.
  2. Strengthening of stakeholder’s participation  in implementaion of the convention. Though Civil society organization participation  in policy reforms and programmes has over the last four years  greately improved there is need  to expand the particiaption and networks of grassroot organizations to improve governance at both levels of governments. Civil society organizations  should also focus on  enaggement in implemention and monitoring and evaluation cultural  programmes.
  3. Development of tools for  national survey on contribution of the cultural and creative sector to the economy to faciliate national survey on cultural statistics.The first step in undertaking of the national  mapping exercise will be development of the research tools, and defination of the categories under the sector. Mobilization of necessary resources will alos be a key step to achieve the the national data.
  4. Stregthen international cooperation through bilateral and multilateral protocol focused on enhancement of production capacity and market acess of cultural goods and services. kenya can graetely benefit from international cooperation on in regard to promotion of the sector and therefore should focus on strategies to engage and leverage on varous existing oppotunities to enhance the capacities of communities and cultural actors to benefit from their cultural expressions and creative works. 
  5. Continual policy reforms that to  improve the environment and conditions underwhich artists and communities create. produce and distribute cultural goods and services.
1. Economy and Finance: 
1.1. Total Flows of Cultural Goods and Services: 
1.1.a Cultural Goods: 
Total exports in cultural goods: 
USD: 
0.00
Year: 
Source: 
Not applicable
Total imports in cultural goods: 
USD: 
Year: 
Source: 
Not applicable
1.1.b Cultural Services: 
Total exports in cultural services: 
USD: 
Year: 
Source: 
Not applicable
Total imports in cultural services: 
USD: 
Year: 
Source: 
Not applicable
1.2 Contribution of cultural activities Gross Domestic Product: 
Total GDP: 
USD: 
Year: 
Source: 
Not applicable
USD: 
Year: 
Source: 
Not applicable
Which methodology was used to calculate the share of culture in total GDP?: 

kenya has not undertaken any officail  national survey/reserach   to measure the contribution of the culture sector and available reports are fragmented and cannot be authenticated.  Methodology on calaculation of the contribution on the sector has not yet been defined.

1.3. Government expenditure on culture: 
Total government expenditure: 
USD: 
Year: 
Source: 
N/A
Share of culture in government expenditure: 
USD: 
Year: 
Source: 
N/A
2. Books: 
(a) Number of published titles: 
Num: 
Year: 
Source: 
Not applicable
(b) Number of publishing companies: 
Total all companies: 
Num: 
Year: 
Source: 
Not applicable
Small Size Companies: 
Num: 
Year: 
Source: 
Not applicable
Medium Size: 
Num: 
Year: 
Source: 
Not applicable
Large Size: 
Num: 
Year: 
Source: 
Not applicable
(c) Bookshops and sales: 
Bookstore chains: 
Num: 
Sales, USD: 
Year: 
Source: 
Not applicable
Independent Book stores: 
Num: 
Sales, USD: 
Year: 
Source: 
Not applicable
Book stores in other retail: 
Num: 
Sales, USD: 
Year: 
Source: 
Not applicable
Online Retailers (labels): 
Num: 
Sales, USD: 
Year: 
Source: 
Not applicable
(d) Translation flows: 
Number of published translations: 
Num: 
Year: 
Source: 
Not applicable
3. Music: 
(a) Production / Number of albums produced: 
Physical Format: 
Num: 
Year: 
Source: 
Not applicable
Digital Format: 
Num: 
Year: 
Source: 
Not applicable
Independent Format: 
Num: 
Year: 
Source: 
Not applicable
Majors: 
Num: 
Year: 
Source: 
Not applicable
(b) Sales / Total number of recorded music sales: 
Physical Format: 
Num: 
Year: 
Source: 
Not applicable
Digital Format: 
Num: 
Year: 
Source: 
Not applicable
4. Media: 
(a) Broadcasting audience and share: 
Year: 
Source: 
Programmes: 
(b) Broadcasting media organizations: 
Year: 
Source: 
Not applicable
Ownership: 
Public: 
Radio channels: 
Television channels: 
Both radio & television channels: 
Total: 
0
Private: 
Radio channels: 
Television channels: 
Both radio & television channels: 
Total: 
0
Community: 
Radio channels: 
Television channels: 
Both radio & television channels: 
Total: 
0
Not specified: 
Radio channels: 
Television channels: 
Both radio & television channels: 
Total: 
0
Total: 
Radio channels: 
Television channels: 
Both radio & television channels: 
Total: 
0
(c) Newspapers: 
Year: 
Source: 
Not applicable
Publishing format - printed: 
Free Only: 
Non-daily newspapers: 
Total: 
Paid Only: 
Daily newspapers: 
Non-daily newspapers: 
Total: 
Both Free and Paid: 
Daily newspapers: 
Non-daily newspapers: 
Total: 
Publishing format - both printed and online: 
Free Only: 
Daily newspapers: 
Non-daily newspapers: 
Total: 
Paid Only: 
Daily newspapers: 
Non-daily newspapers: 
Total: 
Both Free and Paid: 
Daily newspapers: 
Non-daily newspapers: 
Total: 
Total: 
Daily newspapers: 
Non-daily newspapers: 
Total: 
5. Connectivity, infrastructure, access: 
Number of mobile phone subscribers per 1000 inhabitants: 
Num: 
Year: 
Source: 
Number of households with Internet access at home: 
Num: 
Year: 
Source: 
Not applicable
Number of individuals using the Internet: 
Num: 
Year: 
Source: 
Not applicable
Percentage of people participating in cultural activities at least one time during the last 12 months: 
6. Cultural Participation: 
Activity (in %): 
Cinema: 
Female: 
Male: 
Total: 
0.00
Theatre: 
Male: 
Total: 
0.00
Dance (including ballet): 
Female: 
Male: 
Total: 
0.00
Live concert/musical performance: 
Female: 
Male: 
Total: 
0.00
Exhibition: 
Female: 
Male: 
Total: 
0.00
TOTAL: 
Female: 
Male: 
Total: 
0.00
Is there any available data on the reasons for the non participation in cultural events?: 
No
Main reasons for non-participation (in %): 
Too Expensive: 
Female: 
Male: 
Total: 
Lack of Interest: 
Female: 
Male: 
Total: 
Lack of time: 
Female: 
Male: 
Total: 
Lack of information: 
Female: 
Male: 
Total: 
Too far away: 
Female: 
Male: 
Total: 
Other: 
Female: 
Male: 
Total: 
7. Additional clarifications: 

eKenya currently has no official statistical data on the contribution of the cultural and creative industries to the National Economy.The country has not undertaken official national survey  to measure the contribution of the sector to the Economy. The Current existing data is unofficial fragmented and cannot be authenticated. Though there have been attempts to capture the  some sector contribution to the economy by various private playes none of the reports has been confirmed as official data. The Kenya government  has not undertaken any national survey or reasech on the contribution of the cultural and creative industries sector. Futher the government has   also not  developed an instrument / standard to assist and guide  collection of cultural data. Further the country has not officially categorized the sectors that fall under  its creative cultural industry domains. At the moment the taxation system has not categorized art or creative’s and artists and creative enterprises are lumped as business entrepreneurs and it is difficult to pull out data from national systems and practitioners in the sector and artists are classified under  general business entreprenuers categories.    Export of cultural goods is also not categorised by ministry of trade and imports or exports on cultural goods is lumped together  with other general informal products  and services. This  makes  it hard to pull out specific data from other existing government. Though  some private and public  organizations have attempted to undertake research on  the sector,  that data is not standardized and is fragmented. Some of that data   is also not verifiable and it is not possible to almalgamate the information. Th

Title: 
Ms
First Name: 
Emily
Family Name: 
Njeru
Organization: 
Department of Culture
Position: 
Head of the Division of Education, Information and Research