This Act provides for protection, conservation and management of wildlife in Kenya and related matters. The Act shall apply to all wildlife resources on public, community and private land, and Kenya territorial waters. The 119 sections of this Act are divided into 15 Parts: Preliminary (I); Establishment of the Service (II); Financial provisions (III); The wildlife regulation mechanisms (IV); Establishment of Wildlife Endowment Fund (V); Conservation, protection and management (VI)
SECTION 22 Bio-prospecting
(1)    No person may, without a permit from the Cabinet Secretary on the advice of the Service—
(a)    engage in bio-prospecting involving any wildlife resources; or
(b)    export from Kenya any wildlife resources for the purpose of bio-prospecting or any other kind of research.

(2)    Any person desirous of undertaking bio-prospecting involving any wildlife resources may apply to the Authority for a permit in a prescribed format and on payment of prescribed fees.
(3)    The Authority shall in reviewing the application ensure that any interests of the following stakeholders may have in the proposed bio-prospecting are protected—
(a)    a person, including a public or private organization or institution or community, providing or giving access to the wildlife resource to which application relates;
(b)    a community—
(i)    whose traditional uses of the wildlife resources to which the application relates have initiated or will contribute to or form part of the proposed bio-prospecting; and
(ii)    whose knowledge of or discoveries about the wildlife resource to which the application relates are to be used for the proposed bio-prospecting.


(4)    The Service may, upon approval by the Cabinet Secretary, where a stakeholder has an interest as set out in subsection (3)(a) of this section, issue a permit only if—
(a)    the applicant has disclosed all material information relating to the relevant bio-prospecting to the stakeholder and on the basis of that disclosure has obtained the prior consent of the stakeholders for the provision of or access to such resources;
(b)    the applicant and the stakeholder have entered into—
(i)    a material transfer agreement that regulates the provision of or access to such resources; and
(ii)    a benefit-sharing agreement that provides for sharing by the stakeholders in any future benefits that may be derived from the relevant bio-prospecting.


(5)    The Service may, upon approval by the Cabinet Secretary, where a community has an interest as set out in subsection (3)(b) of this section, issue a permit only if—
(a)    the applicant has disclosed all material information relating to the relevant bio-prospecting to the community and on the basis of that disclosure has obtained the prior consent of the community to use any of the stockholder’s discoveries about the indigenous wildlife resources for the proposed bio-prospecting; and
(b)    the applicant and the community have entered into a benefit-sharing agreement that provides for sharing by the community in any future benefits that may be derived from the relevant bio-prospecting.

(6)    The Service shall, in all bio-prospecting involving any wildlife resources, be a joint partner on behalf of the people of Kenya.
(7)    The Cabinet Secretary shall, on the recommendation of the Service, require that a particular per centum of the proceeds from the bio-prospecting is contributed to the Wildlife Endowment Fund established under the provisions of this Act.
(8)    The Cabinet Secretary may, on recommendation of the Service, by notice in the Gazette, promulgate rules, regulations and guidelines as are necessary and appropriate to carry out the purposes of this section.
(9)    Any person who contravenes any provisions of this section or the rules made thereunder commits an offence.