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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 30 Oct 2017
No country selected.
Interim National Report on the Implementation of the Nagoya Protocol (NR) for Kenya
Person:Prof. Geoffrey WahunguDirctor General, DirectoratePhone: 0724 253398, 0735 013046.,Fax:Email: dgnema@nema.go.ke,Website:Related OrganizationNational Environment Management Authority (NEMA)Government agency (National/Federal)Popo Road,South C, off Mombasa RoadNAIROBI, NAIROBI
00200, KenyaPhone: +254-020-2101370, 020-2183718, 020-2307281, 020-2103696,0724 253398, 0735 013046.,Fax: +(254)-020-6008997,Email: dgnema@nema.go.ke,Website:
To view the current National Focal Point information, click
here.
Yes
Mobilizing the relevant stakeholders to come togather and provide the information
inadequare financial resources to carry out a countrywide data collection
Yes
inadequare financial resources to carry out a countrywide relevant stakeholders participation
Yes
Kenya’s ABS regulation was developed before Nagoya Protocol and are not in complete conformity with the elements of the Protocol including Institutional arrangements occassing the need for review of the existing legislative framework. However Kenya is in the process of developing a comprehensive ABS legislative framewok.
Yes
Currently there’s one competent authority and there is need for more including Indigenous communities. Kenya’s ABS regulation was developed before Nagoya Protocol and are not in complete conformity with the elements of the Protocol including Institutional arrangements occassing the need for review of the existing legislative framework. The main challenge has been the multiplicity of agencies involved in Biodiversity management with overlapping mandates and inadequate coordination. However Kenya is in the process of developing a comprehensive ABS legislative framewok.
Access to GR in Kenya you require PIC, MAT, MTA from National resource providers and local comminities. Access permit from the CNA, and link to ex-situ collections and export and import permits. The online IT permitting process is being developed
No selection made
Yes
As country we are now streamlining the access permit to IRCC as required under article 17(4). Disclosure of MAT information in respect to confidentiality. We have a challenge of capturing the relevant information due to adhoc exchange of GR among users and providers as the mechanisms to create adherence to the national ABS permitting procedures as the IT online system is yet to be completed. Only access permits have been deposited, other permits that inform PIC and MAT process such as the Research clearance permit are yet to be included and be deposited at the ABSCH.
Not applicable, since no access requirements are in place
Yes
Only access permits have been deposited, other permits that constitute to IRCC are yet to be included and be deposited at the ABSCH e.g. Post access permits (export and Import permits)
Yes
There is need to designate more check points. Few checkpoints have been designated, mapping out further checkpoints, developing monitoring and evaluation plans for effective implementation of article 17. Some of these could include; KALRO, DVS, NACOSTI, National Research Fund, NBA, Immigration and KEBS. Adequate Capacity building and linkage of the checkpoints to the ABS permitting process is required.
No additional information provided
Yes
more information available through the website http://meas.nema.go.ke/abs/downloads/
Access and Benet sharing portal for Kenya
Yes
Kenya had ABS domestic mechanism before the Nagoya Protocol was adopted. Currently they are being reviewed to align them to the elements of the protocol.
Yes
The country has an ABS toolkit that gives guidelines on PIC acquisition procedures
Yes
The access procedures are provided within the existing legislation, the online IT based permitting process and the tool kit which are under review to align them with the elements of the protocol
Yes
access permit is issued once all the requirements have been met
No answer provided
We have about 70 permits more are being uploaded on the ABSCH
Yes
Guidelines and Template on PIC and MAT have been developed to be used by users and providers
Yes
Yes
Resources generated through permitting and Royalties Total Amount received from fees, upfront, trainings and Royalties USD 171,407.51
Note: The total amount of research grants are not inclusive on the figure provided.
Yes
various forms of technology transfer e.g. equipment, infrastructure, training ( Long e.g. PhD’s, Masters and Diplomas and short term e.g. Seminars/ Workshops, exchange programs )
Yes
None of the access permits sort has been specific for Traditional Knowledge associated with genetic resource
No additional information provided
Inadequate monitoring and evaluation. Under the current ABS access mechanism provision for full disclosure of project grants is weak a challenge the ongoing review is made to address. Weakness in negoations of PIC and MAT specifically lack comprehensive utilization value chain from access to end product for example the benefits arising from publication of the book The East African Soda Lakes where benefits have been directed to another body without consultation of the providers. –https://images.springer.com/sgw/books/medium/9783319286204.jpg
Another challenge is the aspect of compliance on Ex-situ collections and databases which are repositories of DNA sequences and Digital Sequence Information (DSI) in non party states and without guidelines on PIC and MAT as per Nagoya Protocol
Yes
This has been enshrined within the existing ABS domestic measures which are also under review
Yes
The Country's Constitution Article 11, Seed, Plant and Varieties Act, TK and Cultural Expression of 2016, Wildlife Act which have given provisions on benefit sharing
Yes
enacted under - The Protection of Traditional Knowledge and Culture Expressions Act 2016
No additional information provided
Yes
Yes
There are legislations and subsidiary acts that issues Penalties, seizures, fines among others. Currently users intenting to commercialize GMO within the jurisdiction are supposed to provide certificate in line with Nagoya. All imports on utilization are to comply with the provisions of the Nagoya Protocol as per the domestic legislations.
Access and utilization of GR by CGIAR within the Country without conformity to Nagoya provisions. A lot of exchange of GR materials exist within the bodies, they have been notified to develop guidelines inconformity to domestic legislations
Yes
Not yet still consulting with parties. The report of compliance will be submitted later. We have had some inquiries especially with KEW gardens on materials accessed without appropriate permits from the country. The EU and USA notifies on due deligence.
Yes
Yes
No
We have not had cases of non-compliance on Utilization of TK from other parties. However we are in the process of carrying out studies to establish cases of non-compliance
Yes
The check points have been designated, we are in the process of building capacities and raising awareness of stakeholders
No
No
Not selected
The current legislative mechanism has not addressed issues of check points. However the review process is aligning the elements of check points and compliance
Yes
The current MAT we are putting in clauses on monitoring and evaluation in respect to Article 17.1 in conformity to check points. PIC and MAT templates are under review.
Yes
An online IT permitting system that the country is putting in place has the capacity to provide for a cost effective communication platform mechanism envisaged under Article 17.1 (c)
No additional information provided
The country doesn't have a substansive and comprehensive ABS framework that is in line with Nagoya Protocol. Nonetheless the legislative framework is under review.
Not applicable, since no access requirements are in place
Yes
In Kenya the grant of access permit is based on provision of PIC and the MAT. The MAT template is provided in the toolkit which has provisions for dispute resolution.
Yes
It is applicable within the Kenyan laws
Yes
Embedded in the constitution of Kenya 2010 and the existing National laws including laws covering ABS.
Yes
The provisions are embedded in the constitution of Kenya 2010 and the existing National laws
No additional information provided
Limited capacity with negotiators to comprehend GR utilization value chain to provide for full proof MAT. Disparity in provider user countries national legislation mechanism governing compliance to MAT. Prohibitive legal fees. Inadequate legal personnel in matters relating to Compliance and Enforcement of ABS. Integration of ABS and IPR issues value chain enforcement. Emerging issues of Digital Sequence Information (DSI) and synthetic biology. Limited monitoring in the utilization within foreign jurisdiction. Challenge of non parties e.g. USA who are major consumers of the GR.
Yes
The Country recognises the value of R&D for valorization of its GR that contribute to conservation and livelihood. Under the Science Technology and Innovation Act 2013 the country has committed 2% of GDP for R&D. Under Industrial Property Act Research Institution and Universities are required to have IP policies, which govern R&D on GR. In addition, national legislations provide for regulatory frameworks on Bioprospecting (commercial research) and General research to respond to Article 8 (a) for example the Wildlife Conservation and Management Act, 2013, Forest Conservation and Management Act 2016, Seed Plant and varieties Act, Science Technology and Innovation Act and EMCA Cap 387.
Yes
The Country has mechanisms to address such emergencies prescribed under Article 8 (b). They include Presidential decrees, the Science, Technology and Innovation Act, Kenya Property and Industrial Act. Moreover the Country is in the process of reviewing the ABS laws with consideration of Article 8(b) in mind.
Yes
The Country has mechanisms to address expeditious access to GR and expeditious equitable sharing of benefits accrued. This is further being addressed in the on-going review laws.
Yes
It is provided in the ABS Law The Legal Notice ABS Seed Plant
No additional information provided
The measures are spread in various legislation being managed by different agencies with mandate on biodiversity. However, efforts are being made to develop an all inclusive ABS legislation to address the challenges.
Yes
The constitution recognises the minorities and marginalised groups
Yes
The provision is within the Constitution and ABS legal framework. In addition if the resource is within their area of jurisdiction, one should seek their prior informed consent
Yes
ABS Legal notice 160
Yes
The criteria and procedures are as per the ABS toolkit.
The constitution recognises the minorities and marginalised groups
Yes
The Constitution, The protection of traditional knowledge and cultural expressions act of 2016, The Legal Notice of 160, Seed Plant and Varieties Act of 2016
Yes
In the existing legislations for example the Forest Act has provisions for Community Forest Associations, The Wildlife Act has provisions for Wildlife Community Associations, under the County Goverment the community traditional stems are recognised, Kenya Constitution recognises the community customary laws, protocol and procedures. We have efforts in the country where various minority groups are establishing Biocultural protocols for grant of PIC e.g. Endorois around lake Bogoria
Yes
The regulatory framework has been shared through the ABSCH
No selection made
Yes
We have various initiatives both with goverment and development partners in establishment of community platforms and protocols for improved resource management and equitable share of resultant benefits
Yes
They have been provided for in the templates and the toolkit. The key things we focus on are access to GR and associated information, Intellectual Property rights, Benefit sharing, third party, TK and IPLC, Enforcement and Compliance and applicable law
Yes
There are model projects such as NPIF soda lakes project, the UNDP Global ABS project, the GIZ ABS Initiative where model contractual clauses are being developed
Yes
no restrictions within and among the indigenious and local communities. This is provided within the ABS Legal notice 160
No selection made
No additional information provided.
Community specific protocols; inadequate expertise and resources. There is inadequate documentation of traditional knowledge, weak linkage of the traditional knowledge sources with the IPR system as prior art during disclosures. In addition, there are dificulties in asigning jurisdiction in relation to ownership management within the country, change of lifestyles from traditional to modern is affecting preservation and posterity of traditional knowledge.
Yes
These are key elements considered during the prior informed consent and MAT negotiation process. They are also within the country’s domestic legislation as provided for in the constitution article 69.
No answer provided
The implementation of Nagoya has led to recognition of R&D as key to the country’s GR valorization for optimum benefits and effective conservation. It has occasioned the need establishing of an effective Legal framework essential for attracting investment in the Country’s rich biodiversity thus promoting conservation and livelihood. Besides raising awareness on the value of biodiversity and the need to ensure regulated access and utilisation amongst stakeholders, implementation of the Protocol has played a key role in factoring elements of biodiversity conservation and use in government development agenda including vision 2030 and mid-term plans.
No additional information provided.
Whereas there have been some efforts to raise awareness, appreciation levels of the role of biodiversity in ecosystems supports and services as well as improved livelihood to mankind is generally low particullay among policy makers. The key challenge is understanding the concept of ABS as envisioned under Nagoya Protocol and meeting various expectations between users and providers.
Yes
There is free movement across border, of indigenous communities and the legislation on use of the shared genetic resources in situ takes into consideration this aspect.
Kenya is party to various regional cooperation instruments which take consideration of the local community and shared GR e.g the ARIPO patent, East Africa Cooperation
Not applicable, since there are no indigenous and local communities in my country
Yes
There are efforts before the regional cooperation platforms to develop appropriate protocols on resource governance and utilization taking into considerations the requirements of Nagoya Protocol on article 11.2. For example Busia County Draft Policy Biodiversity Mainstreaming
No additional information provided
Differences in domestic legislations, ideological differences. Monitoring and evaluation, enforcement and compliance
Yes
Initiatives for best practices such as soda lakes projects supported by the Nagoya Protocal Implementation Fund (NPIF), Model contracts contained in the tool kits, PIC&MATS contained in ex-situ collections to comply with Nagoya Protocol and the biopolicy In addition to the current online IT based permitting where MAT templates are being developed.
Yes
These are being considered in the on going reviews of ABS laws, regulations and guidelines
No additional information provided
Inadequate legislations on ex situ collection,monitoring ex situ collections on areas outside jurisdiction,emerging DSI&model contracts,compliance with user countries,enforcement of contractual clauses outside jurisdiction areas, compliance with MAT
Yes
Yes
The country has developed a toolkit to guide comprehensive ABS awareness raising programmes for key stakeholders and other awareness materials. In addition, we have on going targeted stakeholders awareness activities. These are also being institutionalized in institutions of higher learning
Yes
Yes
GEF support on the development of NBSAP, Capacity building and development have been factored in the existing legal regulatory framework, guidelines and strategies. There are various initiatives that include programmes offered by the secretariat training of Nagoya protocol and ABSCH
The country is a beneficiary of the UNEP/GEF-4 Capacity Building Project for Africa from 2010 to 2014.
Global UNDP-ABS project
GIZ capacity building initiative
Yes
Kenya got support through the UNEP-GEF ABS Capacity support covering six countries where GIZ-ABS was the executive partner in charge of the funds.
•Under the GEF Global ABS program, Kenya is to receive a total of USD 350,000 through UNDP to support various ABS capacity building capacities
•Under the GEF-NPIF (Nagoya Project Implementation Fund), Kenya received USD 1,000,000 for soda lakes project.
•Under the Development of regulations to operationalize wildlife Act 2013, Kenya received USD 50,000 from TNC towards development of ABS related regulations under wildlife Act.
•USD 30,000 from R&D soda lakes researchers and partners that hosted the first Soda lakes R&D workshop in 2013.
•USD 5000 from SCBD through Indigenous Information Network to create PIC awareness for the Endorois communities
No
No additional information provided
The capacity building as envisage in the Convention Article 16- 20 and Nagoya Protocol article 22, has not been realised. There is need for comprehensive capacity building strategy on Nagoya Protocol that will have tangible impacts on human and technology transfer.
Yes
The Kenya Science Technology and Innovation Commission is the lead agent umbrella to spearhead the scientific and technological research envisaged in the Convention article 15-19 and in the Nagoya Protocol article 23. We have various on-going scientific collaborative projects under the North-South partnerships through the local Universities and research Institutions. In addition, we have various projects under MAT where aspects of technology transfer have been realised. There are various legislative policy framework developed in this regard for example the Biotechnology Policy, which states the Government’s commitment to provide an enabling environment for the acquisition and development of biotechnology responsibly for speedy exploitation of the immense potential in agriculture, environment, bioresources, health and industry. In addition, a number of projects have been approved and are on-going; one such project is the utilization of microbial genetic resources within the protected Kenyan Soda lakes for research, development and commercialization of industrial enzymes and bio‐pesticides for improved resource management and livelihoods in compliance with the Nagoya Protocol on Access and Benefit Sharing. Other biotechnological projects in the Agricultural sector include; cassava, BT cotton and maize respectively. Under health, projects include Vaccine development, diagnostic kits and disease diagnostics. The collaboration involves Kenya-USA, Kenya-Japan, Kenya-UK
No additional information provided
While the Nagoya has the capacity to perpetuate itself with resources arising from benefits accrued through the utilisation of biodiversity, it is important that at the juvenile implementation phase, adequate resources are made availabe. Mobilisation of these resources has been the major challenge. Other resource mobilisation mechanisms as well as fasttracking equitable sharing of benefits to support its full implementation are therefore critical.
Yes
In the implementation of MEAs, the government has factored resources through its normal budgetary processes and procedures and Nagoya Protrocol is one of the initiative that is bound to benefit from this undertaking. In addition, Mid-Term resource mobilisation strategy for the protocol has been captured in the Third Mid- Term Development Plan.
Yes
Yes
Yes
funds have been received from other parties
Yes
Yes
Yes
Competing priorities and low appreciation levels of the value of biodiverity.
NPIF USD 2,665,110 Million, UNDP 350 USD, GIZ? The Regional GEF Project ? NBSAP USD 290,000
Yes
Less than 10
A number of desk persons have been designated in the key institutions that deal with the Nagoya Protocol
No information provided
Filling of this requires a lot of backround information which has financial implecations for example country study reports are required to inform specific areas.
