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{
    "id": 1520511,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1520511/?format=api",
    "text_counter": 105,
    "type": "speech",
    "speaker_name": "South Mugirango, UDA",
    "speaker_title": "Hon. Silvanus Osoro",
    "speaker": null,
    "content": " Thank you very much, Hon. Temporary Speaker. Clause 9 provides for the establishment of mechanisms for determination and payment of royalties to communities for the use of their culture and cultural heritage, which shall be guided by the impact, economic value, cultural value, whether it will be used periodically or continuously, and the effect among other key factors. Royalty is very important. As we appreciate culture, the revenue that is generated from such should have an impact on the society that lives within. Currently, very few communities enjoy royalties that are raised from the cultures in different areas. In particular, if you visit Maasai Mara, you will realise that the county governments have invested in the people that man the area, and who are not from the National Government. People pay to enter the park and see wild animals. The royalties that are enjoyed from such visits must trickle down to the communities that live in that area, and that is what Clause 9 seeks to include. Clause 10 outlines the exceptions and limitations to compensation for use of culture and cultural heritage in the public interest. There ought to be compensation when we use our community's cultures. Clause 11 of the Bill deals with procedure for the export, import, and transfer of inventoried cultural property under the supervision and direction of the Cabinet Secretary. Clause 12 prescribes the procedure for the application to the Cabinet Secretary and consideration of application for the conduct of research on any cultural property that is entered in the national database. Going forward, we should amend it further in the Third Reading. There is need for us to have cultural centres in every county, or in every ethnic group’s area, so that our children can get to learn and know where we came from, and how their forefathers and grandfathers used to live then. Clauses 13, 14 and 15 provides for the procedure for the registration of cultural property, the manner of notification when registration has been refused, and the validity of a register and certificate of registration of a cultural property. Clauses 17 and 18 deal with the recognition, promotion and protection of cultural expressions. Clause 19 of the Bill deals with circumstances under which a tangible cultural heritage shall be seized and disposed of, under this particular Act. We then move to Part III, which is the final part of the Bill. It runs from Clauses 20 to 29 of the Bill. It sets out the offences and penalties, which include: (a) Theft of cultural property. (b) Sale of protected cultural property, whereby you want to enrich yourself with land that belongs to a particular community for cultural purposes. (c) Forgery or fraud relating to cultural property. (d) Damages to cultural expressions. (e) Exportation of cultural property without a permit. (f) Unauthorised removal of cultural property. Those penalties attract a fine not exceeding Ksh200,000 or imprisonment for a term not exceeding two years or both. Other offences provided for in the Bill are: Failure to comply with the conditions for the registration of cultural property. Undertaking research into..."
}