The Protection Of Folklore In Zambia: A Comparative Study With Kenya’s Legal Framework

Abstract

This dissertation critically examined the protection of Traditional Cultural Expressions (TCEs) under the Zambian and Kenyan legal frameworks of Traditional Knowledge. Protecting folklore is a complex challenge due to its evolving nature, communal ownership and interaction with intellectual property laws. In Zambia, the Traditional Knowledge Act addresses the earlier gaps in legal protection, misappropriation, and benefit sharing and it does this by recognizing works that are anonymous in nature as well as establishing communal rights. Although the Act offers a strong legal basis, its adequacy depends on effective implementation, moral recognition, and community empowerment. Drawing lessons from Kenya’s legal framework, a more participatory, rights based, and decentralized approach would ensure that the protection moves beyond statutory intent, to become a more living system that fully uplifts and preserves Zambia’s cultural heritage. Kenya’s Traditional Knowledge and Cultural Expressions Act on the other hand offers a sui generis approach that integrates statutory and customary law. Community participation and judicial recognition of customary claims are highly promoted, however, it may face challenges such as inter-ethnic conflict and coordination difficulties among law enforcement agencies. The comparative study revealed that Kenya emphasizes moral rights and community devolution, while Zambia prioritizes access and benefit sharing (ABS) and a more centralized regulation. Both frameworks however remain shaped by Western concepts of intellectual property, which may clash with folklore’s dynamic and communal nature. The study concludes that effective protection of TCEs in Africa requires stronger community involvement, recognition of customary laws, and a well-balanced system that preserve moral, cultural and economic values.