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{
"id": 1565282,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565282/?format=api",
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"type": "scene",
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"speaker": null,
"content": "shukas"
},
{
"id": 1565283,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565283/?format=api",
"text_counter": 223,
"type": "speech",
"speaker_name": "Sen. Olekina",
"speaker_title": "",
"speaker": null,
"content": "and beadwork. Sometimes people come to Kenya, not not to see Kenya, but to see the Maasais. If we can protect that, it will make sense. So, this Guild should not be advising the Cabinet Secretary. It should be finding a way of having meetings with these artists, and if there is any upcoming artist, send their name and content for them to protect the artists. I fully support that. Collaborating with intellectual property rights is a very good provision. Collaborate with relevant entities to ensure transparent distribution of royalties collected. In fact, on this particular one of royalties collection, in the current age where there are many online companies that are giving these content creators a platform to showcase their talent, we should not be having one individual who is collecting this money to distribute to them. The artists should sign contracts directly with radio stations and TV stations and find a way for give and take. When radio or TV plays their music, they should not charge them, they should just give them an opportunity to market their kind of music. Those are the things that we need to look at. As I sit down, let me reiterate on the importance of this Bill. I want to repeat this again, I will be sitting down with Sen. Eddy to do away with over-regulation and the need to set up a body that now governs the creative industry. We do not need it. Let it self- regulate, let people make money and enjoy. Finally, and most importantly, let us make sure it is tax-free because it is their creativity. Do not charge or overburden them with taxes for their creativity."
},
{
"id": 1565284,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565284/?format=api",
"text_counter": 224,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Sen. Mumma, you may proceed."
},
{
"id": 1565285,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565285/?format=api",
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"type": "speech",
"speaker_name": "Sen. Mumma",
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"content": "Thank you, Mr. Temporary Speaker, for the opportunity to contribute to this Bill by Hon. Sen. Eddy Oketch. I would like to congratulate the Senator because I think the creative industry in Kenya is largely emerging and growing. You will agree with me that, as a country, we have not invested heavily in recognising the broad and different aspects of the creative industry and investing in it enough to grow the industry. The enactment of a law on the creative industry provides an opportunity for us to have a policy direction in dealing with issues that relate to creatives. Following up on what Sen. Olekina has said, I would urge that this policy direction should be more facilitative than it should about regulation. I support the passing of this Bill, but would urge that we look carefully at instances that might claw back what we want to do by overregulating. I am glad that Sen. Eddy has come up with it. The greatest thing we need to do here is to provide opportunity to the different sectors and ensure that we increase opportunities and equitable access to these opportunities. This will ensure that our young people, the older people and our cultural people, participate in the creative industry in a manner that can actually benefit them the country. Looking at the provisions of the Bill, I will make time to actually provide my written comments. I have looked through the Bill, and I would want to caution a little bit on close-ended drafting. If you look at Clause 2 on definitions, you can see that the definition of the word “Creative Industry” is- 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": 1565286,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565286/?format=api",
"text_counter": 226,
"type": "speech",
"speaker_name": "Sen. Mumma",
"speaker_title": "",
"speaker": null,
"content": "“All activities or trade by persons that produce artistic, cultural, or innovative goods and services, including fashion, publishing, advertising, crafts, music, audio, visual, performing arts, video film, imaging photography, gaming, animation, graphic design, web design, and so on.” In all this naming, I am sure you can think of others who have been left out. One that I can think of is just artworks - the clear art, the drawings that people make and sell or paintings that people make and sell. That is art. We have many others, even plaiting of hair. That is an art. I urge Sen. Eddy, that we must in our definitions, ensure that the definitions are open-ended enough to be more inclusive rather than exclusive. The same comment goes on the clause that actually provides for the membership of the Guild. The clause that is providing for the membership of the Guild has actually named various people who should form the membership of this Guild. You have a principal secretary relating to trade industrialisation. I do not know why it must be trade and not culture. You have somebody nominated by an association representing the largest number of persons in the film industry. How do you define that? There is one person nominated by the association representing the largest number of persons in the music industry. What parameters do you use to determine that? You have one person nominated by the association representing the largest number in the fashion industry. Now, the association has picked what it has named there, and I am wondering whether that style is clear enough to deliver the people we want. I am glad that he is actually naming different bits. Do we want those in the film industry and their associations to elect one among them to represent or how do we determine what is largest? What does largest mean? We need to be careful about that. Clause 8(i), talks of an advocate of the High Court of Kenya nominated by the Law Society of Kenya (LSK). I do not know why it is open-ended like that. If we must have a lawyer, we might have wanted a lawyer who has competence in intellectual property rights. Maybe that is now bringing on board the lawyer who will provide guidance to that team. We have a clause later that says “to ensure not more than two-thirds gender”. This is the space where I think one of the memberships should have gone directly to Persons with Disabilities (PwDs). I say this because PwDs are ordinarily excluded from the job market. The school process actually is very limited. You will find that we have very few schools run by missionaries for PwDs with hearing disability. We have never provided for them in the public realm. If we had a Member who had a hearing disability in the Senate, how would we facilitate their participation? If you go to Ministry of Education or the Attorney General's office, is it designed so that when management meetings are there, they can provide for a person with hearing disability? Most of these people have had to actually look to their own inward resources to make to earn a living. We have a number of people with disabilities who have ended up in the creative industry because largely they were excluded by society. I would have wanted to see a specific seat on this advisory board for PwDs. In fact, maybe two seats that would 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": 1565287,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565287/?format=api",
"text_counter": 227,
"type": "speech",
"speaker_name": "Sen. Mumma",
"speaker_title": "",
"speaker": null,
"content": "represent two different types of disability. This is because PwDs have had to fall back to this industry to earn a living. Mr. Temporary Speaker, Sir, when discussing the mandates of the national Government and each county at Clause 3, the Bill talks of creating an enabling environment through support, direct and indirect. It talks of formulating and implementing policies and strategies for development and promotion of sustainable, diverse creatives, which is a good one. Just a typo on that Clause at (b). I would say national and county levels, add an “s” there to read levels not level of Government. Clause 3(c) talks of promoting the development of entrepreneurship skills for persons in the creative industry economy through programmes offered in institutions of higher learning. If you say institutions of higher learning, you then limit it to only some cadre of the institutions. I urge Sen. Eddy to simply make it to be in education and other learning institutions, so that we can start thinking of introducing creatives even in early childhood learning. We can have spaces that will have children participating in drama, theater, singing and things like those. So we should not make it an issue just of higher learning because this is about nurturing talent. Clause 3 (e) says “review existing international and domestic trade policies, and practices that hinder--- I am sure that whoever is drafting this, you can see there are some wording missing there. You should say to eliminate practices that hinder the growth of the creative industry while incorporating provisions that will mitigate against such negative provisions. I am speaking particularly to the staff that are assisting Sen. Eddy to draft this. Please, read through to ensure that there is grammatical flow of developing this Bill. Clause 4 says- “The cabinet secretary shall establish and maintain an online platform where persons in the creative industry may publish events and current affairs in the creative industry.” I wonder whether in our experience, our Government ministry will be the best place to actually create and maintain a website that is marketing the creatives. I think what we want is for the Government to provide just enough environment. The Ministry of ICT is supposed to be putting up ICT hubs in every constituency. Hopefully, they can move to every ward. That space should just have enable safe internet access to ensure that the young creatives can actually market themselves as they are able to provide. Clause 5 says- “The Cabinet Secretary responsible for matters relating to education shall ensure that the curriculum developed under Section 4(d) of the Kenya Institute of Curriculum Development includes subjects relating to the creative industry.” I suggest that another clause be added, so that it is not just the school curriculum that has it, but also the teacher training curriculum. We cannot put this in the school curriculum and yet, we have not provided it in the teacher training curriculum. Mr. Temporary Speaker, Sir, this is important because we take some things for granted. We just this afternoon spoke about this Motion on adolescence health and you 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": 1565288,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565288/?format=api",
"text_counter": 228,
"type": "speech",
"speaker_name": "Sen. Mumma",
"speaker_title": "",
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"content": "heard my passionate plea to us to give attention to this. When I was writing up a training manual on HIV rights for young people, I spoke to adolescents, parents and teachers about how to go about educating our young people on matters relating to sex and life skills. The teachers told me that parents and everybody expects that in the schools, they would teach these children what they need to know. However, teacher training curriculum had never provided anything on life skills for children. We are taught the subjects that we have and then there is something called guiding and counseling, but that guiding and counseling does not provide adequate information for us to say we can provide sex education. So, in the same manner, I suggest that if we intend to grow and support the creative industry within learning institutions, we should begin by giving the teachers who will be teaching these learners the skills to be able to do this adequately. Mr. Temporary Speaker, Sir, I can see the yellow light and I still have much more to contribute. I will be writing down my comments and providing to Sen. Eddy. I suggest that the language that “the guild shall formulate and implement strategies is not a very good drafting language. They should just develop key policies that should guide implementation. A strategy is a down the line implementation tool. We should not put a strategy within the Bill. I am suggesting---"
},
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"id": 1565289,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565289/?format=api",
"text_counter": 229,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " What is your point of order, Sen. Methu?"
},
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"id": 1565290,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565290/?format=api",
"text_counter": 230,
"type": "speech",
"speaker_name": "Sen. Methu",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Mr. Temporary Speaker, Sir. I would like to draw your attention to Standing Order No.101(6). I did not want to interrupt Sen. Catherine Muma, but she keeps referring to some person as Eddy, and I can see our Standing Orders provide that a Senator shall refer to another Senator by the name ‘Senator,’ then the name of the Senator. It would be proper that she refers to the owner of the Bill as ‘Sen. Eddy’ rather than just refer to him as Eddy. I know he is a fairly young man and probably qualifies to be a son, but since he is a Senator, it is fair that we just refer to him as ‘Sen. Eddy.’"
},
{
"id": 1565291,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565291/?format=api",
"text_counter": 231,
"type": "speech",
"speaker_name": "Sen. Mumma",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Mr. Temporary Speaker, Sir. That is very well noted. I wish to tell you that I have the highest regard for you, young people here. When I say ‘Eddy,’ it is just to show that it is a colleague, but I have no offence meant in that. It is Sen. Eddy that I am referring to. I will give the last one and then the rest, I think I will also give. I am proposing that we delete Clause 7(e), which suggests that the guild will collaborate with intellectual property rights enforcement agencies to ensure the enforcement of intellectual property rights of creative artists. What is this saying? We already have enforcement agencies, but through this Clause, we are giving another enforcement mandate to this guild. What are you going to do? You are going to cause confusion because the guild will start saying it is the one that is supposed to enforce matters relating to intellectual property. So, whoever drafted this, please look at that. Clause 7(f) says- “Collaborate with the relevant authorities to ensure the transparent distribution of royalties.” 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."
}
]
}