Proverbs 18:1- “A man’s gift shall cause him to sit before kings and queens.”
Talented children often have an advantage over their peers as their abilities can lead to fame, wealth, and defined career paths. However, the reality for many child performers and entertainers reveals significant challenges that arise from poor management of their gifts.
Despite their potential, many gifted children face exploitation and abuse of their rights. An article titled “Child Stars and How Fame Affected Them” highlights the darker side of fame, including mental health struggles.
Other challenges include being subjected to long hours of labour, which contravenes child rights laws. While most children are protected from exploitative work conditions, child performers often fall through the cracks.
Some endure physical abuse from guardians, driven by performance pressures, while others face isolation and a lack of sensitivity to their developmental needs.
A significant challenge for child performers is their lack of legal capacity to enter into contracts or manage their earnings. In most cases, their financial affairs are handled by legal guardians, often their parents. While some guardians act responsibly, others mismanage the wealth earned by their children.
Children are also restricted from owning property in their name, which means their assets are held in trust by their guardians. Unfortunately, this arrangement has led to cases where guardians exploit their children’s earnings to sustain their own lifestyles.
In the US, the Coogan law addresses this issue by safeguarding the earnings of child performers. Named after child actor Jackie Coogan, who sued his stepfather for mismanaging his wealth, this law mandates that 15 percent of a child’s earnings be deposited into a trust fund.
The fund is inaccessible until the child reaches adulthood. Employers are legally obligated to pay this percentage directly into a Coogan Account to ensure the child’s financial security.
Kenya does not have a comparable legal framework, despite the increasing number of child entertainers. Online research reveals rankings of Kenya’s most-followed child influencers on Instagram and lists of child actors gaining fame on platforms like Showmax. These examples underscore the growing role of children in Kenya’s creative economy.
However, Kenya’s intellectual property laws remain unclear on the specific rights of child performers. Laws governing the creative economy are still under development, leaving a gap in protecting child performers’ earnings and rights.
To safeguard the welfare of talented children, Kenya should consider implementing legal mechanisms similar to the Coogan law.
This could take the form of standalone legislation or amendments to existing laws, such as the Children Act and intellectual property statutes.
Such reforms would ensure that the estates of child performers are protected from mismanagement and that their rights are respected as they contribute to the country’s creative industry.
By enacting protective measures, Kenya can uphold the spirit of Proverbs 18:16—enabling talented children to thrive without exploitation and securing their rightful place in the economy.
