The main objective of this Act is the establishment of an appropriate legal and institutional framework for the management of the environment in Kenya. The Act further aims to improve the legal and administrative coordination of the diverse sectoral initiatives in the field of environment so as to enhance the national capacity for its effective management. In addition, the Act seeks to harmonize all the 77 sector specific legislations touching on the environment in a manner designed to ensure greater protection of the environment. This is in line with national objectives and sustainable development goals enunciated in the Agenda 21 of the Earth Summit held in Rio de Janeiro in 1992. The ultimate objective is to provide a framework for integrating environmental considerations into the country’s overall economic and social development.
SECTION 53: Access to genetic resources of Kenya
(1)    The Cabinet Secretary shall, on the recommendation of the Authority, issue guidelines and prescribe measures for the sustainable management and utilisation of genetic resources of Kenya for the benefit of the people of Kenya.
(2)    Without prejudice to the general effect of subsection (1), the guidelines issued or measures prescribed under that subsection shall specify—
(a)    appropriate arrangements for access to biological resources, genetic resources and ecological services of Kenya by non-citizens, including the issue of licences and fees to be paid for that access;
(b)    measures for regulating the import or export of germplasm;
(c)    the sharing of benefits derived from genetic resources of Kenya;
(d)    biosafety measures necessary to regulate biotechnology;
(e)    measures necessary to regulate the development, access to and transfer of biotechnology;
(f)    measures necessary for the recognition, protection and enhancement of indigenous knowledge and associated practices in the conservation of the environment and natural resources;
(g)    measures necessary for the protection of indigenous knowledge of biodiversity and genetic resources of communities; and
(h)    any other matter that the Cabinet Secretary considers necessary for the better management of the genetic resources of Kenya.
[Act No. 5 of 2015, s. 36.]