Draft Culture Legislation

Ministry responsible for Culture , County Governments
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.

Scope of the measure:
Nature of the measure:
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. 

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  

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 

Goal(s) of UNESCO's 2005 Convention
Cultural Domain(s)
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