Do musicians understand Kenya’s National Music Policy?

The musicians also expressed their dissatisfaction with local radio stations for giving preference to Nigerian and Tanzanian music.

“When I see some Kenyan people saying that Kenyan artists lack content in their music and shouldn’t complain about not getting airplay, I weep," Kenyan rapper Khaligraph Jones posted on his Instagram page. "Do you know the amount of talent that is out here and barely makes it to the radio 'cause of how the system is currently structured?”

However, a statement by Kenyan musician-turned-politician Charles Njagua Kanyi, popularly known as Jaguar, begs the question of whether Kenya's musicians have read and understood the 2015 National Music Policy.

At the weekend, while distributing bursaries to about 60 students from disadvantaged families in his Starehe Constituency, Jaguar vowed to seek Parliament’s intervention to ensure that local artists receive adequate airplay.

“The Kenya Music Policy draft Bill stipulating that radio stations should play 60% local music came into place in 2015 and media houses asked for three years to align with the policy,” he said.

He further told local media on Monday that local artists had been pressuring him to intervene. He also said he wanted the Communications Authority of Kenya (CAK) to implement the policy. “When I hear artists asking me to intervene through Parliament, what comes to mind is that the Communications Authority of Kenya should enforce this. This is what I am working towards, ensuring that local artists are protected,” he said.

The MP's statements are somewhat misleading because a 'Kenya Music Policy draft Bill' does not exist. What does exist is the National Music Policy, which contains guidelines meant to provide stability to the industry and ensure that musicians work within an organised framework. The document allows for 60% local music airplay, of which half should be reserved for traditional music on vernacular radio stations. Other provisions in the policy include the formation of the National Music Tribunal, which is meant to be a conflict resolution structure, and the Music Trust Fund, which should operate under the custodianship of the Permanent Presidential Music Commission (PPMC).

The document also commits the government, through the Kenya Copyright Board (KECOBO), to protect the intellectual property rights of musicians through the establishment of a digital copyright licensing system. This has also been included in the Kenya Copyright Amendment Bill of 2017, which is currently awaiting approval by President Uhuru Kenyatta.

It is possible that Jaguar was referring to the proposed National Music Bill that was drafted in 2016 and meant to operationalise the National Music Policy. The National Music Bill has never been presented to Parliament. Another misleading remark by the singer is that “the Communications Authority of Kenya should enforce this”. The body in charge of implementing the National Music Policy is the PPMC, under the guidance of the Ministry of Sports and Heritage. The CAK, on the other hand, is responsible for, among other things, monitoring the programming of 60% of local copyrighted content, including music, film and documentaries. The CAK, however, does not have the authority to enforce the guidelines set out in the National Music Policy.

The issue of music quotas on radio stations is a contentious one. Although it seems like a local music quota would allow Kenyan artists to command the attention of audiences and forge successful careers in the process, the implementation of such a policy could do more harm than good.

In 2016, former South African Broadcasting Corporation (SABC) chief operations officer Hlaudi Motsoeneng unilaterally implemented a 90% local music policy on its radio and TV stations. About a year later, the then SABC CEO James Aguma reported to Parliament that the policy had resulted in a loss of R29m ($2.1) on radio and R183m on TV, as well as a decline in listenership and viewership. One particular example that stands out in the disastrous implementation of the 90:10 local-foreign content policy is that of Durban-based radio station Lotus FM, which programmes a majority of Bollywood music. After the policy's implementation, Lotus FM's listenership dwindled, which in turn affected advertising and almost bankrupted the station. Motsoeneng's quota was eventually reversed in 2017 and the station is still reeling back from its losses.

It can be argued that Kenya's proposed quota is considerably lower than the South African example and should not have a negative effect on listenership numbers. Kenyan copyright lawyer Richard Sereti believes that a 60% quota is not substantial enough to result in a decrease in advertising revenue, if implemented wisely.

“The assumption that radio stations will experience financial losses if they play 60% local music is not realistic," he told Music In Africa. "When you have a huge listenership, it means that you are offering listeners variety. Advertisers won't pull out. It’s all about the station’s programming. Generally, the popular songs could be played during prime time whereas local music is spread out throughout the day and night.”

Sereti also believes that if artists want to be remunerated fairly, they need to align themselves with individuals who can effectively lobby for more airplay and higher royalty rates.

“Before rubbing their hands together at the thought of getting rich, musicians should elect strong union representatives that will work with CMOs [collective management organisations] to approach the issue as a united front and negotiate for better airplay and rates being paid out as royalties," he said.