The Creative Economy Bill 2026, proposed by the Ministry of Youth Affairs, Creative Economy and Sports, is a comprehensive legislative framework designed to support, and regulate the creative sector in Kenya. It aims to consolidate various existing laws to provide a unified approach to innovation, talent development, and entrepreneurship within the creative sector.
1. Preliminary Provisions and Scope
The Bill defines the “Creative Economy” as knowledge-based economic activities including trade, labour, and production. It specifically covers:
- Visual arts and crafts, including drawing, painting, sculpture, printmaking, photography and indigenous crafts.
- Performing arts, including music, dance, theatre, drama and live performances.
- Literary arts, including written works such as novels, poetry, essays and publishing.
- Design and creative services, including fashion, graphic, interior design and architectural design.
- Audiovisual arts, including new media, digital media, film, television, animation, gaming, extended and augmented reality.
The bill does not apply to intellectual property rights directly but focuses on the economic and regulatory environment of these industries.
2. Administration and Governance
The Bill centralizes the management of the sector under the Ministry of Youth Affairs, Creative Economy and Sports.
A. Strategic Planning
- Creative Industries Development Plan: The Cabinet Secretary (CS) must formulate a five-year national plan setting objectives, targets, and financial assistance programs.
- Creative Economy Month: The CS will gazette a specific month to recognize and celebrate the sector’s contributions.
B. Key Institutions Established
The Bill establishes two primary corporate bodies:
- Kenya Audio-Visual & Cinema Commission: Tasked with the promotion and development of the industry. Its functions include marketing Kenyan audiovisual works locally and internationally, establishing a national archive of cinematic artifacts, and developing industry infrastructure.
- Kenya Audio-Visual Regulatory Authority: Responsible for regulation and compliance. Its mandate includes licensing audiovisual production and distribution, as well as the classification (rating) of works based on age suitability and cultural considerations.
C. Institutional Leadership
Both bodies will be led by a Board of Directors, a Chairperson appointed by the President, and a Chief Executive Officer (CEO) recruited competitively. The Boards must reflect gender balance, regional diversity, and ethnic diversity.
3. Promotion, Development, and Training
A significant portion of the Bill is dedicated to professionalizing and funding the sector.
- Kenya School of Film and Creative Arts: Established to provide technical and vocational training, conduct assessments, and award certifications. It will also facilitate internships and apprenticeships.
- Creative Industry Development Fund: Provides the financial backbone for initiatives under the Act, integrated with the existing Sports, Arts and Social Development Fund.
- Register of Creatives: A mandatory database for creatives, groups, and associations to facilitate government support and official searches.
- Market Integration: The CS is mandated to develop a framework for introducing creative economy products for trade in Capital Markets.
- Educational Integration: The CS for Education must ensure talent and skills training in creative fields are included in school curricula.
4. Regulatory Powers and Penalties
The Regulatory Authority is granted significant oversight powers:
- Licensing: Required for audiovisual production, makers, distributors, and online/streaming platform operations within Kenya.
- Sanctions: The Authority can impose monetary fines, suspend/revoke licenses, order the closure of non-compliant entities, and issue take-down orders for prohibited or unclassified content.
- Appeals: Any person aggrieved by the Authority’s decisions can appeal to the Communications and Multimedia Appeals Tribunal.
5. Repeals and Transitional Provisions
The Bill effectively modernizes the legal landscape by:
- Repealing the Films and Stage Plays Act (CAP 222).
- Revoking the Kenya Film Commission Order (2015).
- Transitions: All rights, assets, and liabilities of the previous Film Commission and Film Classification Board are transferred to the new entities. Current employees of these bodies will be transitioned to the new Commission or Authority on the same terms.
6. Conclusion of Objects and Reasons
The memorandum highlights that the Bill does not limit fundamental rights nor does it concern county government functions as defined by the Constitution. Crucially, the CS asserts that the enactment of this Bill will not require additional expenditure of public funds, as it leverages existing financial frameworks.
Download the Creative Economy Bill 2026 HERE.