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THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION (CONSERVATION OF BIOLOGICAL DIVERSITY AND RESOURCES, ACCESS TO GENETIC RESOURCES AND BENEFIT SHARING) REGULATIONS, 2006
The regulations were developed to protect biological diversity and resources. These Regulations apply to access to genetic resources or parts of genetic resources, whether naturally occurring or naturalised, including genetic resources bred for or intended for commercial purposes within Kenya or for export, whether in in-situ conditions or ex-situ conditions. They do not apply: to plants listed in the Agriculture Act Cap 318; the exchange of genetic resources where the exchange is done by a local community among themselves and for their own consumption; or where the exchange is certified to be purely for food or other consumptive purposes as prescribed by the relevant laws. Any person who intends to access genetic resources in Kenya needs an Access permit for genetic resources in Kenya with a certificate from National Council for Science and Technology. The process of accessing a permit involves a multi-agency engagement and a Prior Informed Consent as may be applicable. The Regulations do not apply to: (a) the exchange of genetic resources, their derivative products, or the intangible components associated with them, which are carried out by a local community of Kenya among themselves and for their own consumption; (b) access to genetic resources derived from plant breeders as defined under the relevant laws relating to plant breeding and plant varieties; human genetic resources; and approved research activities intended for educational purposes within recognized Kenyan academic and research institutions which are governed by relevant intellectual property laws.
National / Federal
Legally binding
01 Dec 2006
Regulatory or Administrative Measures
Yes
Regulations, provides for Prior Informed Consent from interested persons and relevant lead agencies and Material Transfer Agreement.
ABSCH-MSR-KE-277535-1Legislative, Administrative or Policy MeasureEnvironmental Management and Coordination (Access to Biological Resources and Benefit Sharing) Regulations, 2025.
The objectives of these Regulations shall be to— Objectives. (a) provide mechanisms to protect and prevent exploitation of endangered and threatened plant and animal species; (b) provide for access to and the fair and equitable sharing of benefits arising from the utilization of biological resources; (c) provide for the consultation of local communities and other stakeholders in the process of accessing biological resources for research, bio trade, commercial and other purposes; (d) safeguard access to biological resources, and biological resources associated with traditional knowledge heldby local communities in conservation of biological resources; and (e) to domesticate relevant provisions of international conventions and protocols. 4. (1) These Regulations shall apply to— Application. (a) the conservation of all biological resources in Kenya, whether or not they are found in their natural environment; (b) access to genetic resources in Kenya and the fair and equitable sharing of benefits derived from their utilization; (c) approved research and activities that relate to biological resources and biological resources with associated traditional knowledge; (d) commercialization and trade in biological resources; and (e) any digital sequence information relating to Kenya biological resources. These Regulations shall not apply to— (a) the exchange of biological resources, their derivative products, or the intangible components associated with them, carried out by members of any local Kenyan community amongst themselves and for their own consumption and benefits; (b) access to genetic resources derived from plant breeders in accordance with the Seeds and Plant Varieties Act and the International Treaty on Plant Genetic Resources for Food and Agriculture; or Cap. 326. (c) human genetic resources. 5. The Authority shall be the Competent National Authority and shall be responsible for granting access or as applicable, issuing written evidence that access requirements have been met and be responsible for advising applicants, local communities, other Government agencies and any interested persons on the applicable procedures and requirements for obtaining prior informed consent and entering into mutually agreed terms.
The Constitution of Kenya provides that all natural resources and the benefits derived thereof belong to the Government and people of Kenya. All laws on the issue of access to and protection of resources (intellectual property laws) are subject to the provisions of the Constitution. The Environmental Management and Co-ordination Act (No. 8 of 1999) provides for the regulation of biological resources and genetic resources for ensuring sustainable management and protection of the such resources.
SCOPE OF THE MEASURE
Traditional knowledge associated with genetic resources ( Part 1 intangible components )
Reference to any other relevant articles and sections
- Does not apply to exchange within communities (Part 1)
ALL TYPES OF GENETIC RESOURCES
No provisions for this element
AREAS OF ACCESS OF THE GENETIC RESOURCE
No provisions for this element
ACCESS
Access to genetic resources
For commercial use ( Part III )
For non-commercial use ( Part III )
Access to traditional knowledge associated with genetic resources, including prior informed consent or approval or involvement
For commercial use ( Part III )
For non-commercial use ( part III )
Any other element relevant to access
- Access (Part III)
BENEFIT-SHARING
Monetary benefits ( Part IV )
Non-monetary benefits ( Part IV )
For commercial use ( Part IV )
For non-commercial use ( Part IV )
Any other element relevant to benefit-sharing
- other benefitS (PartIV)
COMPLIANCE
Compliance with domestic legislation or regulatory requirements of the other Party (Article 15 and 16) ( PartIV )
Issues related to monitoring the utilization of genetic resources (Article 17) ( PARTIII )
Compliance with mutually agreed terms (Article 18) ( Part III 18 )
Any other element relevant to compliance
- Penalties (Part V)
RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
No provisions for this element
OTHER
No provisions for this element
The regulation is under review
Access’ means obtaining, possessing and using genetic resources, their derived products, and where applicable, intangible components for purposes of research, bio-prospecting, conservation, industrial application or commercial use. Monetary benefits may include but are not limited to: (i) Access fees/fee per sample collected or otherwise acquired; (ii) Up-front payments; (iii) Milestone payments; (iv) Payments of royalties; (v) License fees in case of commercialisation; (vi) Special fees to be paid to trust funds supporting conservation and sustainable use of biodiversity; (vii) Salaries and preferential terms where mutually agreed; (viii) Research funding; (ix) Joint ventures; and (x) Joint ownership of relevant intellectual property rights. Non-Monetary benefits may include, but are not limited to: (i) Sharing of research and development results; (ii) Collaboration, cooperation and contribution in scientific research and development programmes, particularly biotechnological research activities where possible in Kenya; (iii) Participation in product development; (iv) Admittance to ex situ facilities of genetic resources and to databases by participating institutions; Transfer to Kenya of genetic resources of knowledge and technology under fair and most favourable terms, including concessional and preferential terms where agreed, in particular, knowledge and technology that make use of genetic resources, including biotechnology, or that are relevant to the conservation and sustainable utilization of biological diversity; (vi) Strengthening capacities for technology transfer to Kenya; (vii) Institutional capacity building; (viii) Human and material resources to strengthen the capacities for the administration and enforcement of access regulations; (ix) Training related to genetic resources with the full participation of Kenya and where possible in Kenya; Access to scientific information relevant to conservation and sustainable use of biological diversity, including biological inventories and taxanomic studies; (xi) Institutional and professional relationships that can arise from access and benefit sharing agreements and subsequent collaborative activities; and (xii) Joint ownership of relevant intellectual property rights.
