Kenya's Constitution

Ministry responsible for Culture , County Governments
Objectifs clefs de la mesure:

The objective of the constitution is good governace, protection of fundamental human  rights,  to provide  legal priorities  and  good mechanisms to guide national programme implementation.  On national  cultural promotion .Kenya's constitution in article 11 of the constitution recognizes culture as the foundation of the nation and cumlative civilization of the kenyan people. The article commits the government to promote all forms of national culral expressions and to protect the interllectual propery rights of the kenyan people. The constitution has aslo mainstreamed across various articles such as;  Article 7 on national, official and other languages, Article 32(1) on Freedom of conscience, religion, belief and opinion, Article 33 (b) on Freedom of expression in relation to artistic expression, Article 44 on language and culture,  Article 56 rights of minority groups in relation to developing their cultural values languages and practices among other culture related aspects of the constitution the Various articles in the constitution, article 10 calls for sustainable development while article 27 commits government to ensure social inclusion and promote social cultural rights in development. Further, the constitution has also devolved culture and cultural activities and facilities to county governments which now have integrated culture in their county development    plans. The constitution provisions have in the last four years provided a conducive political and social environment for enjoyemnt of culture and for promotion of the diversity of cultural expressions. 

Périmètre de la mesure:
Nature de la mesure:
Principale caractéristique de la mesure:

Main feature of the kneya's constitution in relation to culture promotion and protection is article eleven which is on promotion and protection of kenya's  national cultural expressions and heritage. The article provides a constitutional mandate for the government to formulate and implement national mechanisms for national cultural development.The bill of rights enshrined in the constitution provides for the protection of fundametal rights and freedoms including right to particapate and enjoy ones cultural rights. The constitution also provides for protection of the rights of minority groups in relation to developing their cultural values languages and practices. The fourth schedule of the constitution  devolves county activities and facilities to county governments thus commiting  local governments to provide for develpement of culture through alloaction of budgets, planning and  implementaion of cultural programmes at the local levels. The fifthcschedule  of the constitution further commits parliament  to develop enact a national culture legislation to ensure communities recieve compensation and royalties for use of their cultures and heritage.

Résultats attendus de la mise en œuvre de la mesure:

-Enjoyment of diverse cultures 

- Repect of culture as a fundamental human right

- Protection of intellectual property rights 

- Good governace

-Promotion and protection  of culture by the state

- Enhanced creativity 

- Protection of minority cultural expressions 

-Interntional  partneships 

-  Cultural promotion and protection measures 

Ressources financières allouées à la mise en œuvre de la mesure:

The government of Kenya provides annual national budgetary allocation to the ministry responsible for culture and to county governments to support cultural development. The government  also provides annual budgetary allocations to all state institutions that perform specific  cultural functions  for example ministry of education budget alloaction to support  school music and drama festivals. 

Objectif(s) de la Convention 2005 de l'UNESCO
Domaines culturels