- Residents want clearer rules on content regulation and licensing
- Creatives have raised concerns over the impact of artificial intelligence on their work
- Stakeholders are seeking a greater role in decisions affecting the creative sector
Mombasa residents have called for greater safeguards for creatives and clarity on proposed rules under the Creative Economy Bill, 2026.
Residents who attended the public participation forum at Tononoka Social Centre on Thursday raised concerns over provisions touching on social media content, licensing, artificial intelligence and training of creatives.
Sports and Culture Committee chairperson Dan Wanyama sponsored the Bill, which seeks to establish a legal and institutional framework for the development of Kenya’s creative economy. It also seeks to formally recognise creativity as an economic activity capable of generating employment, businesses, investment and income for Kenyans.
While supporting the Bill, participants said the legislation should address emerging challenges facing artists and other players in the creative industry.
Psychologist and artist Sarah Tendwa questioned Clause 24(e), which provides for the takedown of prohibited content on social media. Tendwa said the legislation should clearly define prohibited content to prevent ambiguity and potential misuse of the provision.
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She proposed judicial oversight, legal recourse and a right to be heard or appeal for individuals whose content is flagged under the proposed law.
Additionally, she raised concerns about the growing use of Artificial Intelligence, particularly deepfakes, and their potential impact on artistic integrity and the livelihoods of creatives.
“How are we going to take care and maintain artistic integrity to make sure that creatives are not affected by the proliferation of AI-powered deepfakes?” Tendwa posed.
She further called for clear mechanisms through which creatives can report violations and proposed that intellectual property rights be considered as collateral to enable artists to access financial services.
Meanwhile, Kenyan creative artist, scriptwriter and Technical and Vocational Education and Training (TVET) educator Oscar Omondi raised concerns over the proposed licensing and regulation of audio-visual works. Omondi questioned whether creatives would be required to obtain multiple licences across different disciplines, warning that the process could increase the cost of doing business in the sector.
He called for representation of creative industry stakeholders on relevant boards and greater involvement of creatives in decisions affecting the sector.
Omondi also questioned the proposal to establish a new school for creative arts, arguing that existing institutions already offer courses relevant to the industry. Instead, he proposed development of new curricula that could be introduced in TVET institutions and other existing training centres.
The Vice Chairperson of the Committee and Kabete MP Githua Wamacukuru assured participants that their views and recommendations would be considered as the Committee processes the proposed legislation.
The public participation exercise is intended to gather views from stakeholders before the Bill proceeds through the legislative process.
By Salim Mwachofi
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