Chapter 2 of the Kenya Constitution
The constitution of Kenya recognizes culture as the foundation of the Nation and as the cumulative civilization of the Kenyan people and Nation. The placing of culture in the constitution is indeed a milestone, as cultural development matters now have a legal basis and a better chance of legislation enactment and better funding.
Article 2 in the Kenya constitution aims at ensuring the fullest possible expression on culture and heritage in all their facets including equal access for all cultures to scientific and technological knowledge, including digital forms.
The previous constitution adopted after independence did not have a chapter on culture, however the current constitution promulgated in 2010 devotes chapter two on cultural matters that identify the nation and creates unity and peace hence several bills are yet to be drawn to facilitate implementation of issued to drive the sector. several other parts of the constitution supports the development of culture.
Some of the measures to be implemented include promotion of all forms of national and cultural expressions through literature, the arts, traditional celebrations, science, communication information, mass media publications, libraries and other cultural heritage.
Recognize the role of science and indigenous technologies in the development of the nation.
Promote intellectual property rights of the people of Kenya.
Parliament shall enact legislation to ensure that communities receive compensation or royalties for the use of the cultures and cultural heritage.
Promote and protect the diversity of languages of the people of Kenya and promote the development and use of indigenous languages.
Acculturation of national values and principles of governance and non discrimination against any culture.
The constitution also advocates for the development of cultural industries and strengthening of the existing structures while new ones are established. Among the proposed structures is the national commission for culture which will be advisory body coordinating the culture and heritage sector in consultation with the Ministry responsible for culture. However as mentioned earlier the constitution is a new document that still requires a lot of discussions before implementation.