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{
"id": 1564082,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564082/?format=api",
"text_counter": 202,
"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " When the House rose on 7th May, 2025, Sen. Eddy, who is the Mover of this Bill, was on the Floor. Sen. Eddy, you have 53 minutes to continue moving your motion. Please proceed."
},
{
"id": 1564083,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564083/?format=api",
"text_counter": 203,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "Mr. Temporary Speaker, Sir, I am a very focused Senator and you should assist Sen. Cherarkey to understand that and part of focus is consultation. I would like to appreciate the Very Important Person (VIP) in the House, Sen. Crystal Asige, who has been important in terms of helping out with this Bill. Right from the time I conceived the idea, Sen. Crystal Asige has been available for consultation and given a lot of feedback in it. I was also blessed by the fact that Sen. Asige, who was a member of the Committee on Tourism, Trade and Industrialization, looked into this Bill. We spent a lot of time together with Sen. Asige, the former Chair, Sen. Seki, the good Senator, Sen. Montet and Sen. Okiya Omtatah. They are among the people who helped me a lot when I went to that Committee last year. Mr. Temporary Speaker, Sir, even in this reorganization of committees, it would be good to say that Sen, Essy Okenyuri has been important in helping with input on this Bill, as well as the Members of the reconstituted Committee on Tourism, Trade and Industrialization, which is led by Sen. Issa Juma Boy. In my view, this is a great Bill because of that consultation and input, considering it is a Bill that seeks to find a long- lasting solution to what creatives are facing in this economy. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1564084,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564084/?format=api",
"text_counter": 204,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "Mr. Temporary Speaker, Sir, the first problem we found was that when people think about creatives, most of the time in our economies and because of culture and sometimes a lack of understanding of the opportunities that lie in the creative industry, people in the creative industry are sometimes seen as people who did not succeed in the traditional modes of survival. Among them in the academic world include things like studying engineering, law, medicine or generally not being able to go to school."
},
{
"id": 1564085,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564085/?format=api",
"text_counter": 205,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Technical hitch)"
},
{
"id": 1564086,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564086/?format=api",
"text_counter": 206,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "There has not been a profound investment in making sure that the people in our economy can understand that, firstly, the creative industry is so vast beyond just the idea of music, film and sometimes performing arts. Secondly, there has not been a pronounced investment in making sure that our children understand that the creative industry is also where you can make a long-lasting and a professional career. Thirdly, there has not been proper investment in creative industry. Creative industry has not been made commercially viable to a point where our young people can make economic well-being from it. I am not only referring to young people, we also have older people in the arts craft. We have older people who publish books yet there is no big investment in the business case. This Bill first seeks to change the attitude and mindset that creatives is a place that people go to as a last resort. That change of attitude will start to happen when we, as a House, move issues affecting creatives from the Ministry of Gender, Culture, the Arts and Heritage to the Ministry of Investments, Trade and Industry. In that Ministry, a business and career case can be made for the creatives. Secondly, a number of laws have been drafted to respond to the problems of creatives. I will just mention some of them due to pressure of time because I do not want to monopolize the conversation on this Bill. I also want to hear from my fellow Senators. There are overarching issues that creatives face in the industry. Those issues are at times difficult to deal with just by simple aspect of laws. This is because people write laws that are not sensitive to the industry. I will mention some of those issues quickly. First, we have the issues of royalties. How are creatives earning in the creative industry? We also have the issues of intellectual property rights. How are creatives ensuring that copyright laws are up to date not only to the local changing environment, but to the emerging complexity at a global stage? Next is the issue of distribution. Creatives are paid on content distribution. How are issues of content handled by law to make sure that creatives do not lose in terms of ownership of content? How do we ensure that they earn from that content? Lastly, I will address the issue of contracts. How are creatives supposed to handle legal binding documents to ensure that they are not exploited in the course of producing, selling and earning from their sweat the product that they have developed in the creative industries? Digital disruption has made it impossible for young and older people in the creative industry to find a way of having transparency and efficiency in collecting their royalties. The payment systems are very complex and where they are not complex, the The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1564087,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564087/?format=api",
"text_counter": 207,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "multi-faceted nature of jurisdictions makes it impossible for creatives to get more money or adequate resources that are commensurate to the products that they give in the marketplace. The industrial policies that affect collaboration as well as technology across our borders are generally ambiguous and vague. In Ireland where Facebook is based, our laws do not apply hence we have no power to make sure that our creatives can earn from such a place. I have come to learn that there are constant reviews on legal frameworks and multi-stakeholder engagements emerging all over the world. Our creatives at times find themselves in platforms made in the United States of America and China and the legal frameworks in those countries are so complex. The constant reviews cannot happen when you pass one law that deals with issues of royalties. If you look at royalties in the music industry, you will realise that there are many intermediaries that affect how creatives end up earning. We have many record labels, publishers and performance rights organizations within our borders. This makes it difficult for young people in the music industry together with those in other industries that have the same intermediaries to get what belongs to them even if you are to pass one single law on royalties. Mr. Speaker, Sir, in music, film and performing arts, one is paid royalties according to rates, but the complexity of calculating those rates becomes a big issue. When calculating the rates, you will hear one talk of performance metrics, mechanical calculations or synchronization royalties, which is popular in music. At the end of the day, one does not know if the metric being used is fair enough for the industry in the field. At times, we do have what is called the medium of consumption. That is how people are consuming the piece of art that a creative has put in the market. That is what then determines the rates. This is complex and one law cannot deal with it because it will keep on changing its face."
},
{
"id": 1564088,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564088/?format=api",
"text_counter": 208,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "I once looked at the accuracy of metadata in songwriting credits that people use to pay musicians. The nuance in Kenya is complex to a point that people who pay creatives do not consider those kinds of things. Due to that complexity, we end up with delayed payments of the performing artists such as musicians. There is always delayed payment for the product that they have given out there. There are cases where a model works for a firm and her picture is then placed on the billboards just for her payment to come six months down the line. In some cases, the payment comes one year later when the product that they worked for is already out of the market. The litigation of those kinds issues are many in our borders that it affects the kind of money or business case that a creative can have in this industry. I have not talked about fraudulent activities and accounts that emerge with the coming of technology. Think of the impact of streaming music and performing arts. Look at somebody like Churchill. He can do his production today and before you realize, somebody will be streaming it somewhere or will develop a CD. Our laws cannot fathom and control the kind of fraudulent activities that happen."
},
{
"id": 1564089,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564089/?format=api",
"text_counter": 209,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "Think about the cover songs that people have in simple TikTok or Facebook products and they do not pay for. They use them freely yet it is a piece of art that The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1564090,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564090/?format=api",
"text_counter": 210,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "somebody made an effort to produce. The complexities within our borders coupled with global discrepancies emerging all over the place makes it difficult for our artists to make a business case and commercial viability in this industry. The complex legal systems, costly issues on multi-rights as well as multi-territorial laws also do not help the artists. I can go on and on. We have the same problems when it comes to distribution. Marketing and promotion of the products of creatives is limited because of the capacity of young people. Mr. Temporary Speaker, additionally, high distribution costs, piracy, illegal downloads and content ownership issues further puts the creative industry in a mess. As a House, the solution should focus on empowering creatives by providing a platform for professionalism, business development and, most importantly, returns on investment. This Bill proposes that the nexus between Government policies and the creative industry must be industrial in nature. It advocates for a platform where creatives control industrial policies themselves. Therefore, it is time for the country to establish a Creative Economy Council, allowing creatives to take charge of industrial policies that will, in turn, inform Government policy. How will this work? It will be achieved by allowing all multi-sectoral guilds within different creative clusters to elect their own leaders to join the council, take control and change leadership as they see fit. The council will be financed and given power of control by the relevant ministry, which we propose to be the Ministry of Trade Investment and Industry instead of the Ministry of Culture, the Arts and Heritage, where there is no strong business case. For example, in the music industry, clusters within the sector can nominate their guild leaders into the council. Similarly, the publishing guild can nominate its cluster leaders into the council. Performing artists can nominate their leadership into the council, as well as the craft sector representatives. With these nominations, members will establish the council’s term of service among themselves. The council will be responsible for formulating industrial policies that cut across the creative sector issues, including royalties, distribution, copyright, intellectual property and contracts. This will ensure standardization and strengthen the business case for creatives across the board. Mr. Temporary Speaker, the ministry responsible for ensuring the council functions will also have representation within it. This will ensure that Government investments in the council are utilized appropriately, in accordance with the law. It will also support the establishment of regulations that enable the council to serve creatives effectively. The crux of this Bill seeks to empower the creative industry to influence and produce industrial policy, which will in turn inform Government policy for the first time. Beyond that, the creative council will directly invest in creating incentives for creatives to join and receive support from the council. For instance, today, when a young person wants to become a musician, where do they get automatic support? In this country, there is no venture investment framework that allows music start-ups to access financial or other forms of support. This council will ensure that any young person entering the creative industry, whether in the arts and crafts, music or the performing arts cluster, does so knowing they The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1564091,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1564091/?format=api",
"text_counter": 211,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "have its support. The council will provide resources to support training and capacity building. Mr. Temporary Speaker, I have heard of several instances where Kalenjin, Luo, and Kikuyu artists have approached their representatives, requesting assistance to purchase a piano. I am sure that even my friend, Sen. Cherarkey, has encountered situations where an artist shares their struggles of being invited to perform as a comedian to Churchill Live Show, but lacks fare to travel to Nairobi, or a musician unable to buy a guitar. Similarly, a talented filmmaker or photographer, passionate, well-trained and composed, may struggle to afford essential equipment like a camera worth Kshs80,000. There is a need for a framework where the Government provides support and investment for creatives, ensuring a viable business case for their entry into the industry. We propose that funds currently allocated to the Ministry of Culture, Arts and Heritage for general support, without clear accountability in terms of vote heads, should instead be directed to creatives through the council. This would allow creatives to identify their own challenges, empower their peers and invest in their industry. This will ensure that when a creative seeks support, it comes from within their own community. This is what this Bill proposes. Since everything I have outlined is already well articulated within the Bill, I would like to listen to my colleagues rather than continue speaking further on this matter. However, I must emphasize that the creative economy sector contributes so much to Kenya’s participation in the global economy. The skills and products in this sector transcend borders, leaving no doubt about its significance. If a council controls industrial policy, it will inform our policies as Government leaders, ensuring engagement with emerging opportunities in the creative economy. I would like to illustrate this. I know that Sen. Cherarkey, as a lawyer, may want to contribute to this discussion since he is in the House. Let us consider the manufacturing sector. For example, Kenya may lack the capacity to manufacture ketchup, and it may be best produced in South Africa. However, with strong industrial policy informed by creatives, young graphic designers could be involved in branding. Instead of solely importing ketchup, we could require that local graphic designers brand the product, enabling them to earn from its retail price. It is possible. Currently, this does not happen because creatives do not control industrial policy, making it difficult to identify related industries that could support their livelihoods. Mr. Temporary Speaker, I have visited buildings in this country where lifts are imported, but the voiceovers announcing floors are in Chinese. In creative industries, this is known as voiceover work. Why not import lifts without the voice overs and allow our young people to create localized voiceovers in Kiswahili? They can do the voiceovers in Kiswahili and tell us, and I quote, “Unaenda orofa ya kwanza, ya pili au ya tatu ”. They can even speak in sheng. This is just an example. I can give you more and more. There is need for persons in the creative economy tailoring voiceovers to various sectors such as production, manufacturing, education and media. Every mainstream sector consumes creative products. However, it is difficult for creatives to profit from them because of lack of The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}
]
}