This is how far the Cultural workers and Artists could go to get their views entrenched in the constitution. Don’t blame the COE, in their initial draft release in January, they had a whole Chapter 5 as a CULTURE CHAPTER but thanks to the likes of Rasna Warrah, yes, She of the damning “opinions” in the Daily Nation and Kenyans for Peace and Justice (KPTJ) led by Gladwel Otieno of AfriCog supported by The Department of Culture and PSC, we have been reduced to this!

It’s now upon us as the cultural and arts workers to push for the enactment of the relevant laws and policies and make sure that Parliament passes them.

This is an extract from the Draft Constitution as Published by The Attorney General on Thursday 6th May 2010.

Chapter 2



(1)This Constitution recognises culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and nation.

(2) The State shall—

(a) promote all forms of national and cultural expression through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural heritage;

(b) recognise the role of science and indigenous technologies in the development of the nation; and

(c) promote the intellectual property rights of the people of Kenya.

(3) Parliament shall enact legislation to—

(a) ensure that communities receive compensation or royalties for the use of their cultures and cultural heritage; and

(b) recognise and protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics and thethe communities of Kenya.


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