The Creative Economy Support Bill, 2024 REPUBLIC OF KENYA PARLIAMENT SENATE BILLS (Bill No. 30 of 2024) THE CREATIVE ECONOMY SUPPORT BILL, 2024 (A Bill published in the Kenya Gazette Supplement No. 107 of 17 May, 2024 and passed by the Senate, with amendments, on Thursday, 7 August, 2025) National Assemoly Table Office
The Creative Economy Support Bill, 2024 Clauses 1 -Short title. 2 -Interpretation. 3 -Obligations of government. 4 — Obligations of county governments. 5 -Online platform. 6 -Data Protection. 7 -Curriculum. THE CREATIVE ECONOMY SUPPORT BILL 2024 ARRANGEMENT OF CLAUSES PART I -PRELIMINARY PART II -CREATIVE INDUSTRY COUNCIL 8— Creative Industry Council. 9 — Functions of the Council. 10 -Board of the Council. 11 — Disqualification for appointment. 12 -Tenure. 13 — Vacation of office. 14 — Offices in the Board 15 — Secretariat 16 — Functions of the Secretariat 17 — Membership 18 -Application to the Council 19 — Roll of the creatives. 20 — Decentralisation of the Council.
The Creative Economy Support Bill, 2024 30Regulations. PART III -INCENTIVES FOR CREATIVES 21Support to creatives. 22 -Incentives for persons with disabilities. 23 — Creatives Fund 24 — Objects of the Fund. 25 — Credit guarantee scheme 26 -Training and capacity building. 27 -Application for grant or revocation of patents. 28 -Fiscal incentives. 29 -Scope of incentives. PART VI —-MISCELLANEOUS PROVISIONS
The Creative Economy Support Bill, 2024 THE CREATIVE ECONOMY SUPPORT BILL, 2024 A Bill for AN ACT of Parliament to establish mechanisms for the support of the persons in the creative industry; to enhance the contribution of creative industry to the economy; to establish the creatives fund; and for connected purposes. ENACTED by the Parliament of Kenya, as follows— PART I—PRELIMINARY Short title. 1. This Act may be cited as the Creative Economy Support Act, 2024. Interpretation. 2. In this Act- "Cabinet Secretary" means the Cabinet Secretary responsible for matters related to trade; "Board" means the Council Advisory Board constituted under section 10; "Council" means the Creative Industry Council established under section 8: "creative industry" means all activities or trade by persons that produce artistic, cultural or innovative goods and services including fashion, publishing, advertising, crafts, music, audio, visual and performing arts, video, film and imaging photography, gaming and animation, graphic design and web design that originate from creativity, skill and talent and whose exploitation may result in the creation of wealth and livelihood through the generation and exploitation of intellectual property, knowledge and technology; and Obligations of national government. "Fund" means the Creatives Fund established under section 23.
The Creative Economy Support Bill, 2024 3. The National Government shall- (a) create an enabling environment through direct and indirect support for creative artists and organisations; (b) formulate and implement policies and strategies for the development and promotion of a sustainable and diverse creatives industry at the National and county level of government; (c) promote the development of entrepreneurial skills for persons in the creative economy through programmes offered in institutions of higher learning; (d) invest in the development of physical and virtual infrastructure to support the creative industry and design tools to enable the creative workforce effectively utilise, diversify and leverage on their services and products in order to be locally and globally competitive; (e) review existing international and domestic trade policies, practices that hinder the growth of the creative industry and put in place structures that mitigate against their negative impact on the industry and interventions to address the impact; (f) in collaboration with the private sector, facilitate access to funds for persons with disability, women and the youth in the creative industry; (g) facilitate the establishment of a public-private dialogue forum between persons in the creative industry and relevant departments of government; (h) implement strategies that promote the growth of the creative industry locally and internationally through partnerships, industry development assistance and mechanisms that facilitate innovation and linkages with creative artists locally and internationally; and (i) facilitate market access for creative artists.
The Creative Economy Support Bill, 2024 Obligations of county governments. Online platform. Data Protection. Cap. 411C. Curriculum. No. 4 of 2013. Creative Industry Council. Functions of the Council. 4. A county government shall— (a) include the development of the creative industry in the County Integrated Development Plans for purposes of planning and resource allocation; (b) undertake regular consultation with the creative community in the county on areas of mutual cooperation; and (c) introduce monitoring and evaluation frameworks to assess the effectiveness of county level initiatives in supporting the creative sector. 5. The Cabinet Secretary shall establish and maintain an online platform where information on incentives, opportunities, events and current affairs in the creative industry shall be published. 6. The Cabinet Secretary shall ensure that the provisions of the Data Protection Act are observed in the processing and handling of sensitive personal data of creatives on the online platform. 7. The Cabinet Secretary responsible for matters related to education shall ensure that the curriculum developed under section 4(d) of the Kenya Institute of Curriculum Development Act includes subjects relating to the creative industry. PART II -CREATIVE INDUSTRY COUNCIL 8. There is established the Creative Industry Council. 9. The Council shall- (a) advise the Cabinet Secretary on the review and formulation of policies and legislation relating to the creative industry; (b) conduct labour market surveys and mapping exercises of persons involved in the creative industry and put in place the most appropriate strategies that facilitate the development of the creative industry;
The Creative Economy Support Bill, 2024 Disqualification for appointment. Tenure. Vacation of office. (i) one person being a public officer nominated by the Cabinet Secretary who shall be Secretary to the Board. (2) The persons nominated under subsection (1) shall be appointed by the Cabinet Secretary by notice in the Gazette. (3) The Cabinet Secretary shall, in appointing the persons under subsection (1) ensure that no more than two thirds of the members of the Board are of the same gender. 11. A person is not qualified for nomination or appointment as a member of the Board under section 10 if that person— (a) has violated Chapter Six of the Constitution; (b) is adjudged bankrupt; or (c) has been convicted of an offence and sentenced to imprisonment for a term of more than six months. 12. The persons nominated under section 10 shall be appointed for a term of four years renewable for one further term. 13. The office of a member of the Board appointed under section 10(2) shall become vacant if the member— (a) is adjudged bankrupt; (b) is convicted of a criminal offence and sentenced to a term of imprisonment of at least six months; (©) is convicted of an offence involving fraud or dishonesty; (d) is absent, without reasonable cause, from three consecutive meetings of the Council; () resigns in writing addressed to the Cabinet Secretary; (f) is removed from office by the Cabinet Secretary for
The Creative Economy Support Bill, 2024 maces in the oar Secretariat. (1) being unable to perform the functions of his or her office by reason of mental or physical infirmity; or (i1) failing to declare his or her interest in any matter being considered or to be considered by the Board; or (g) dies. 14. (1) The members of the Board shall elect from amongst themselves a chairperson and vice-chairperson. (2) A person elected as a chairperson or vice-chairperson under subsection (1) shall serve for a term of two years. (3) A person appointed under section 10(a) and (i) shall not be eligible for election as chairperson of the Board under subsection Q) (4) A person shall not be eligible for election as a chairperson or vice-chairperson if the person has served as a chairperson or vice-chairperson of the Board in the two years preceding the election. 15. (1) The Cabinet Secretary shall designate an appropriate administrative unit within the respective Ministry to serve as the Secretariat of the Board. (2) The Secretariat shall consist of — (a) apublic officer designated by the Cabinet Secretary from the Ministry to serve as the head of the secretariat; and (b) such other public officers as the Cabinet Secretary shall, in consultation with the Board, deploy for the proper performance of the functions of the secretariat under this Act. (2) The head of the Secretariat and persons deployed under subsection (2)(b) shall possess such knowledge and experience in 10
The Creative Economy Support Bill, 2024 Functions of the Secretariat. matters relating to the creative industry as the Cabinet Secretary shall, in consultation with the Board, determine. 16. The functions of the Secretariat shall be to — (a) provide technical and administrative services to the Board; (b) implement the decisions, strategies, programmes and policies of the Board; (c) make recommendations to the Board on the formulation and implementation of programmes for the achievement of the functions of the Board; (d) on behalf of the Board, establish and maintain relationships with international, national and local institutions involved in the creative industry and other related activities; (e) collaborate with State agencies, financial institutions and other stakeholders in the implementation of policies, strategies and programmes developed pursuant to this Act; (f) train, disseminate information and provide linkages and networks with local and international institutions which engage in capacity building on intellectual property, innovation, market access and penetration and matters affecting the creative industry; (g) conduct studies, research and investigations in order to enhance the development of the creative industry in Kenya; (h) maintain a manual and digital database setting out information on creative artists in Kenya, stakeholders and players in various sectors of the creative industry and programmes in place to facilitate the growth of the creative industry; 11
The Creative Economy Support Bill, 2024 Membership. foaleaben to the ouncil. (1) establish, in collaboration with the private sector, incubation programmes for persons in the creative industries; (j) make arrangements for periodical evaluation of the policies and programmes in relation to the objects and functions of the Board; and (k) perform such other functions as may be assigned to it by the Board. 17. Membership to the Council shall be on a voluntary basis. 18. (1) A person who wishes to be a member of the Council shall submit an application in the prescribed form to the Board. (2) The Board shall consider an application under subsection (1) within fourteen days of receipt of the application. (3) Upon consideration of an application under subsection (2), the Board may- (a) approve the application and enter the name of the applicant in the roll; (b) grant the application subject to such conditions being met as the Board shall consider necessary; and (c) reject the application; (4) A person who is aggrieved by a decision of the Board under subsection (3) shall appeal to the Cabinet Secretary. Roll of creatives. 19. (1) The Board shall cause to be entered the names of all persons whose application is granted under section 18(3) into the roll of creatives. (2) A benefit or incentive under this Act shall only be made available to a person whose name appears in the roll. Decentralisation erie, 20. The Council shall ensure reasonable access to its services in ayy parts of the country so far as it is appropriate for the effective and efficient discharge of its functions under section 9. 12
The Creative Economy Support Bill, 2024 Support to creatives. Incentives for Geabities Creatives Fund. nea of the und. PART III -INCENTIVES FOR CREATIVES 21. The Council shall, in collaboration with the respective county executive committee members responsible for matters relating to trade, put in place measures to support the establishment and development of the creative industry which shall include — (a) subsidise the formalisation of creatives; (b) facilitate the protection of the intellectual property of innovations by creatives in Kenya and with international organisations; (c) provide fiscal and non-fiscal support to creatives admitted into incubation programmes under this Act; (d) provide support in the form of research and development activities that are aligned with county-specific needs and opportunities, ensuring that creatives across all counties can access support; and (e) provide such other support to enable the development and growth of creatives registered under this Act. 22. The Council shall in collaboration with county governments ensure equitable access to incentives for creatives with disabilities. 23. There is established the Creatives Fund which shall consist of- (a) monies that may be appropriated to the Fund by Parliament; and (b) grants, donations, bequests or other gifts made to the Fund. 24. (1) The Board shall issue out of the Fund monies in form of grants to persons in the creative industry in accordance with a criteria determined by the Cabinet Secretary by Regulations. (2) The Cabinet Secretary shall, ninety days upon coming into force of this Act publish the Regulations setting out the- (a) eligibility criteria for a grant from the Fund; and 13
The Creative Economy Support Bill, 2024 credit guarantee seneme. (b) procedure for application for a grant from the Fund. (3) The Regulations developed under subsection (1) shall— (a) ensure that a person is eligible for a grant from the fund if that person has not benefitted from any other financial support scheme by the National or county government; (b) prescribe the nature of financial support in paragraph (a) that will preclude a person from benefitting from the fund; and (c) provide for a criteria for disclosure and due diligence in establishing that a person has not benefitted from any other financial support by the National or county governments. 25. (1) The Cabinet Secretary may, in consultation with the Board and where necessary for the development and growth of creatives under this Act, establish a credit guarantee scheme. (2) The credit guarantee scheme under subsection (1) shall have as its objectives — (a) the provision of accessible financial support to creatives; (b) a framework for credit guarantee for creatives; (c) guarantee for investors in creatives; (d) availing of financial and credit information to creatives; and (e) capacity building on financial and risk management to creatives. (3) Where a credit guarantee scheme is established pursuant to subsection (1), the Cabinet Secretary shall prescribe —
The Creative Economy Support Bill, 2024 Fiscal incentives. Scope of Incentives. Regulations. (a) application for registration, grant, revocation and institution of legal action for infringement of intellectual property rights; and (b) filing and registration of intellectual property pursuant to international instruments. 28. The Cabinet Secretary shall, in consultation with the Cabinet Secretary responsible for matters relating to finance, put in place measures for the granting of fiscal incentives including tax incentives as shall be considered necessary for the development of creatives in the country. 29. (1) The incentives and benefits under this Part shall only be . . -a. made available to members of the Council whose names have been entered into the roll of creatives. (2) The Council shall in collaboration with county governments ensure that creative artists in remote and underserved areas whose names have been entered into the roll of creatives access the incentives. PART VI —-MISCELLANEOUS PROVISIONS 30. (1) The Cabinet Secretary may make regulations generally for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the Cabinet Secretary may make regulations — (a) on the conditions and process for the exemption of creatives from registration fees; (b) on workplace and labour issues with employees, independent contractors, and service providers; (c) on commercial transactions, including product development, production, corporate partnering, advertising, marketing, and sales; (d) on employee benefits and compensation; (e) on protection of intellectual property rights; 16
The Creative Economy Support Bill, 2024 (f) on the relationship between founders and employees; (g) on the exemption of creatives from anti-competition laws; (h) on the intergovernmental support for creatives; (i) for the reporting and accountability of a grant issued to a person under this Act; (j) for the de-registration of a person from the Council; (k) for the process of admission of a person in the creative industry into an incubation programme; (1) for the advertising and impact assessment of the measures of creatives; (m)on industrial standards in the sub-sectors represented in section 10; (n) on industrial standards for royalty computation, collection and distribution; (0) on intellectual property protection of creative work from institutions and communities; (p) on the procedure and criteria for nomination of industry representatives in the board of the council; and (q) for incentives to invest in innovative creatives. 17
The Creative Economy Support Bill, 2024 I certify that this printed impression is a true copy of the Bill as passed by the Senate, with amendments, on Thursday, 7H August, 2025. Clerk of the Senate Clerk of the Senate Endorsed for presentation to the National Assembly in accordance with the provisions of standing order 161 of the Senate Standing Orders.