National Assembly Speaker Moses Wetang’ula has instructed the Finance and National Planning Committee to review a Senate Bill that aims to establish a fund and credit guarantee scheme for artists, amid questions about whether it qualifies as a Money Bill.
The Creative Economy Support Bill (Senate Bills No. 30 of 2024), sponsored by Migori Senator Eddy Oketch, proposes the creation of a Creatives Fund to finance projects in the arts and creative industries.
The fund would receive support from parliamentary appropriations, grants, donations, and other contributions, and disbursements would follow criteria set by the Cabinet Secretary. The Bill also includes a credit guarantee scheme to improve creatives’ access to financing and enhance capacity in financial and risk management.
“While I have directed the Bill to be read a First Time, close attention should be paid to the provisions of the Constitution,” Wetang’ula said.
Recognizing the Value of the Creative Economy
The Bill highlights its purpose, noting that creative economy is powered by people’s creativity and innovation as a source of economic development. It highlights that creatives contribute to Kenya’s gross domestic product, generate employment, pay taxes, and boost the nation’s standing in the world economy.
Senator Eddy Oketch pointed out that the sector has in the past been overlooked in favor of so-called mainstream industries but stressed that the creative industry is now growing faster than any other part of the economy.
“This Bill recognises this watershed moment and proposes systemic interventions to ensure adequate support to persons in the creative industry, including the formation of a Guild to champion the rights and welfare of creatives,” the Bill reads.
The legislation clarifies that it does not limit fundamental rights and freedoms. Clause 19 delegates powers to the Cabinet Secretary responsible for Trade and Industry to make regulations for effective implementation. It also affects county governments, as many creative activities – such as culture and public entertainment – fall under county functions. On the matter of Money Bills, the Bill asserts that it does not qualify under Article 114 of the Constitution.
Funding and Credit Support for Creatives
Under the proposed law, the Creatives Fund would issue grants to eligible artists, with regulations to be published within 90 days of the Act coming into force. Applicants must be under 35 years old and should not have previously benefited from other government financial support schemes.
The Bill also allows the Cabinet Secretary, in consultation with the Board, to set up a credit guarantee scheme. The scheme would provide accessible financing to creatives, guarantee investors, share financial and credit information, and build capacity in financial and risk management.
It would include strategies, operating targets, eligibility requirements, monitoring and evaluation procedures, as well as arrangements to promote transparency and accountability.
Establishing the Creative Industry Guild
Moreover, the Bill proposes the creation of a Creative Industry Guild that will offer training and capacity-building programs.
The Guild will have an office at national and county levels and will give information on incubators available, training available, mentors, intellectual property rights, incubation projects under way, fiscal and non-fiscal support services, business advice on how to conduct creative business, and other relevant resources.
Senator Oketch emphasized that this frameworkis needed in order to position Kenya’s social media-driven creative sector at the vanguard of cultural and economic progress.
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