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Legislative, Administrative or Policy Measure
(MSR)
last updated: 09 Oct 2017
Science, Technology and Innovation Act, 2013
This is an Act of Parliament to facilitate the promotion, coordination and regulation of the progress of science, technology and innovation in the country. This legislation also aims to assign priority to the development of science, technology and innovation. Finally, this new law is intended to entrench technology and innovation into the national production system.
It establishes the National Commission for Science, Technology and Innovation to regulate and assure quality in the science, technology and innovation sector. The Commission shall be the successor to the existing National Council for Science and Technology. It also provides for establishment of Advisory Research Committees within the Commission
PART IV – LICENSING OF RESEARCH
12. Requirement for licence to undertake research
(1) Subject to the provisions of any other law, a person shall not undertake scientific research in Kenya without obtaining a licence under this Act
(2) Subsection (1) shall not apply to a person conducting scientific research within a university or an academic research institution programme.
(3) Any person undertaking or intending to undertake research in science and technology in the country, or who accesses, handles, or transfers any material or technology or moves it within, from or into the country, shall apply to the Commission for the grant of a licence in accordance with this Act
(4) Notwithstanding the generality of subsection (2), the Cabinet Secretary may, on recommendation of the Commission, by notice in the Gazette, exempt any research from the requirements of subsection (1).
(5) Notwithstanding the provisions of subsection (1), no licence shall be granted for any research involving activities which—
(a) may adversely affect the culture of any community in Kenya;
(b) may adversely affect the environment;
(c) may result in the exploitation of intellectual property rights of communities to their traditional knowledge.
(d) may, in the view of the Commission, adversely affect the lives of Kenyans.
[Act No. 18 of 2014, Sch.]
13. Grant of licence
(1) The Commission shall, upon receipt of an application under section 12, evaluate the application, and if satisfied that the conduct of the research is beneficial to the country, and, that the research shall not adversely affect any aspect of the nature, environment or the security of the country, issue to the applicant a licence in the prescribed form.
(2) The licence issued under this section shall be under the seal of the Commission and shall indicate the commencement and expiry date:
Provided that a holder of a licence may apply for the extension of the licence period on proof that the completion of the research was delayed for a justifiable cause, and such extension shall not be withheld unreasonably.
(3) The Commission shall keep a register of all persons granted licence under this Part, which register shall be available for public inspection during normal working hours free of charge.
14. Procedures, standards, ethics and guidelines
Any person issued with a licence pursuant to this Part shall adhere to such procedures, standards, code of ethics and guidelines as may be prescribed by regulations made under this Act.
15. Offences
(1) Any person who—
(a) accesses, handles, transacts, transfers or moves any specified technology or any material necessary for scientific research within, into or from Kenya without a licence issued under this Act; or
(b) contravenes the provisions of section 12,
commits an offence and shall, in addition to any other penalty which may be provided for in this Act or any other written law, be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding four years, or both.
(2) The Court convicting a person under subsection (1) may in addition to any penalty imposed thereunder, order the confiscation of the materials in respect of which the offence is committed, and may bar the person so convicted from undertaking any further research in the country or transferring or moving any substance or material in or out of the country.
(3) For the avoidance of doubt, the technologies or materials imported into or exported out of Kenya and declared under—
(a) the Industrial Property Act (Cap. 509);
(b) the Seeds and Plant Varieties Act (Cap. 326);
(c) the Wildlife (Conservation and Management) Act (Cap. 376);
(d) the Customs and Excise Act (Cap. 472);
(e) the Biosafety Act (Cap. 321A);
or any other written law shall be deemed to be technologies or materials to which this section applies.
It establishes the National Commission for Science, Technology and Innovation to regulate and assure quality in the science, technology and innovation sector. The Commission shall be the successor to the existing National Council for Science and Technology. It also provides for establishment of Advisory Research Committees within the Commission
PART IV – LICENSING OF RESEARCH
12. Requirement for licence to undertake research
(1) Subject to the provisions of any other law, a person shall not undertake scientific research in Kenya without obtaining a licence under this Act
(2) Subsection (1) shall not apply to a person conducting scientific research within a university or an academic research institution programme.
(3) Any person undertaking or intending to undertake research in science and technology in the country, or who accesses, handles, or transfers any material or technology or moves it within, from or into the country, shall apply to the Commission for the grant of a licence in accordance with this Act
(4) Notwithstanding the generality of subsection (2), the Cabinet Secretary may, on recommendation of the Commission, by notice in the Gazette, exempt any research from the requirements of subsection (1).
(5) Notwithstanding the provisions of subsection (1), no licence shall be granted for any research involving activities which—
(a) may adversely affect the culture of any community in Kenya;
(b) may adversely affect the environment;
(c) may result in the exploitation of intellectual property rights of communities to their traditional knowledge.
(d) may, in the view of the Commission, adversely affect the lives of Kenyans.
[Act No. 18 of 2014, Sch.]
13. Grant of licence
(1) The Commission shall, upon receipt of an application under section 12, evaluate the application, and if satisfied that the conduct of the research is beneficial to the country, and, that the research shall not adversely affect any aspect of the nature, environment or the security of the country, issue to the applicant a licence in the prescribed form.
(2) The licence issued under this section shall be under the seal of the Commission and shall indicate the commencement and expiry date:
Provided that a holder of a licence may apply for the extension of the licence period on proof that the completion of the research was delayed for a justifiable cause, and such extension shall not be withheld unreasonably.
(3) The Commission shall keep a register of all persons granted licence under this Part, which register shall be available for public inspection during normal working hours free of charge.
14. Procedures, standards, ethics and guidelines
Any person issued with a licence pursuant to this Part shall adhere to such procedures, standards, code of ethics and guidelines as may be prescribed by regulations made under this Act.
15. Offences
(1) Any person who—
(a) accesses, handles, transacts, transfers or moves any specified technology or any material necessary for scientific research within, into or from Kenya without a licence issued under this Act; or
(b) contravenes the provisions of section 12,
commits an offence and shall, in addition to any other penalty which may be provided for in this Act or any other written law, be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding four years, or both.
(2) The Court convicting a person under subsection (1) may in addition to any penalty imposed thereunder, order the confiscation of the materials in respect of which the offence is committed, and may bar the person so convicted from undertaking any further research in the country or transferring or moving any substance or material in or out of the country.
(3) For the avoidance of doubt, the technologies or materials imported into or exported out of Kenya and declared under—
(a) the Industrial Property Act (Cap. 509);
(b) the Seeds and Plant Varieties Act (Cap. 326);
(c) the Wildlife (Conservation and Management) Act (Cap. 376);
(d) the Customs and Excise Act (Cap. 472);
(e) the Biosafety Act (Cap. 321A);
or any other written law shall be deemed to be technologies or materials to which this section applies.
National / Federal
Legally binding
15 Jan 2013
Law
No
EN
Organization:THE ATTORNEY GENERAL AND DEPARTMENT OF JUSTICE (AG)Government agency (National/Federal)SHERIA HOUSE, HARAMBEE AVENUENAIROBI, NAIROBI
, KenyaPhone: +254-2-2227461/2251355,Fax:Email: info@ag.go.ke,Website: http://www.statelaw.go.ke/contact-us/,
The elements of the measure are not applicable for this measure.