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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.
- NEMA-KENYA Website [ English ]
- Biodiversity benefit sharing regulations.pdf [ English ]
Competent National Authority:National Environment Management Authority (NEMA) ()Popo Road,South C, off Mombasa Road P.O.BOX 67839-00200, Nairobi.Nairobi, Nairobi
00200, KenyaPhone: +254-020-2101370, 020-2183718, 020-2307281, 020-2103696,Fax: +(254)-020-6008997,Email: dgnema@nema.go.ke,Website: http://www.nema.go.ke/,
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ABSCH-MSR-KE-277535-1 Legislative, Administrative or Policy Measure Environmental 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.
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.
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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.
| Record type | Field | Record(s) | |
|---|---|---|---|
| Legislative, Administrative or Policy Measure | List of amended measures | 1 | |
