KENYA’S PROGRESS TOWARDS IMPLEMENTATION OF ARTICLE 8 NAGOYA

PROTOCOL

MUKONYI KAVAKA WATAI –

BRUSSELS 21-23 NOV 2017

KENYA’S BIOLOGICAL

RESOURCES Kenya is a mega biological diverse

country with varied ecosystems

ranging from ,marine, montane, arid

and semi arid, Forest s, Fresh water

Saline water /extremophile among

others

These ecosystems are rich in

species diversity that attract various

stakeholders ranging from

academia commercial users , film

makers, tourists among others.

Some examplesbioenzymes

beneficiaries pictures (2).pdf

Regulations on access and utilization of

the country’s biological/genetic

resources Kenya is party to CBD ,Catagena and Nagoya Protocol ,CITES

,ITGRFA WIPO treaties ,and they are recognized under the country’s constitution and also been established under various domestic legislations .

The Key laws being EMCA 2015 ,ABS regulations 2006, Wildlife Act 2013,Forest Act 2016, Industrial property Act 2009,Seed plant variety Act 2016, Cultural expression and TK Act 2016, Biosafety Act 2012,and National science Technology and Innovation Act 2013

The key ABS laws been posted to ABS-CH . Currently the ABS laws are being reviewed with the aim of developing a substantive ABS law.

The ABS toolkit is also found on the ABS_CH., provide guidelines on how to access and utilize the country’s genetic resources.

What you should consider

IPR licensees

Export permit

Research Permit +access permits

Resource providers = PIC+ MAT+MTA +detail proposal

Pre-permitting process

During permitting

During access

Post access and utilization

The Research permit flow chart.

• The permitting process determined by various

factors including multiple institution arrangements

Overview of the process -Nov 2017 ver 2.pdf

• The GIZ ABS initiative in partnership with the

government is developing an integrated IT based

permitting process hopefully to be launched next

year.

Nagoya Article 8

• Promote R&D and simplified access for Non Commercial

• Expeditious access to health based R&D and equitable share of resultant benefits

• Genetic resource for food and agriculture and in food security

Non Commercial /Commercial

Non Commercial /commercial

• Most of the research carried out are non commercial

• The project vary from small size to large multi-displinary projects

• include access of genetic resource ,ex-situ transfers, IPR generation and protection and sometime technology transfers for commercialization

• Not exempt from Nagoya 1,5,6,15,16,18,22 and 23.

Part of the main Utilization value chain

Kenya’s role in implementing article 8 of

Nagoya Protocol. • Kenya consider R&D on biological resources as key to resource valorization for

informed policy development , that lead to a better legal frameworks which attract investments in conservation and livelihoods

• The current legislations does create special consideration for non commercial, however access procedures for students are simplified

• Through an Act of parliament the government has set aside 2% of the GDP to promote R&D through research institutions and universities

• The Country is party to ITPGRFA and has developed a strategy on food security in respect to genetic resource and has a system of access and granting of permits in respect plant genetic resources for food and agriculture

• We have an active R&D on pathogens related to health ranging from wildlife /human/livestock interface. In respect to emergencies it is handled through an inter-ministerial committees under presidential decrees which fast track access and benefit sharing mechanism. Special technology transfer under Industrial property Act

Recommendations

• Revive and promote the WIPO-Universities IP initiatives through

creation of IP/ABS desk offices in each Universities and Research

institutes.

• Donor partners to review funding guidelines to consider legal

requirements aspects of party states

• Create a CITES like permit process notifications between provider

and user countries

• Establish and enhance capacities of checkpoints .

• Build the capacities through education and awareness of all the key

stakeholders.

Thank you

• For more information

www.nema.go.ke ; www.kws.go.ke

Dioum Senegales “In the end we

will conserve only what we love.

We will love only what we

understand. We will understand

only what we are taught”