Update: ABS activities in Kenya
As I wrote on May 23rd, the Kenyan government has created a new Task Force on the Development of Laws for the Protection of Traditional Knowledge, Genetic Resources and Folklore.
I’ve now received the Gazette Notice that includes the members of the Task Force and its terms of reference.
[3 March 2006] GAZETTE NOTICE NO. 1415
TASK FORCE ON THE DEVELOPMENT OF LAWS FOR THE PROTECTION OF TRADITIONAL KNOWLEDGE, GENETIC RESOURCES AND FOLKLORE
APPOINTMENT
IT IS notified for the general information of the public that the Attorney-General has appointed the following persons to be members of the Task Force on the Development of Laws for the Protection of Traditional Knowledge, Genetic Resources and Folklore.
The composition of the Task Force is as follows:
Bernice Gachegu (Mrs.) – (Chairperson)
Evans Sikinyi (Dr.)- (Vice-Chairperson)
Members:
Stanley Atsali.
Rose Antipa (Mrs.). (NEMA)
Zachary Muthamia.
Julius Mwangi (Prof.)
Nakhali wa Opembe.
Beatrice King’ori
Michael Kimani.
Gathoni Muya.
Samwel Mwangi.
Paul Mungai.
Ezra Chiloba.
Lucy Kimondo
Daniel Mbithi.
Joint Secretaries
Emma Njogu,
Mary Mutoro
The terms of reference are:
(a) To develop a policy framework of traditional knowledge, genetic resources and folklore, which would promote economic development and environmental sustainability:
(b) To develop a legal framework of traditional knowledge, genetic resources and folklore and to recommend legislation which would address, inter alia, the following issues-
(i) the definition of traditional knowledge, genetic resources and folklore;
(ii) the system of access and benefit sharing of genetic resources including traditional medicines;
(iii) The system of compensating custodians of traditional knowledge and folklore;
(iv) The institutional framework for the administration of traditional knowledge, genetic resources and folklore;
(v) The conservation and management of traditional knowledge, genetic resources and folklore;
(vi) The structural framework for the settlement of disputes relating to traditional knowledge, genetic resources and folklore;
(c) To incorporate into such new legislation, if thought desirable in the interest of the people of Kenya, with or without modifications, the provisions of international and regional laws and policies as well as national laws and policies of other countries on traditional knowledge, genetic resources an folklore;
(d) To establish linkages with on-going processes and projects in traditional knowledge, genetic resources and folklore;
(e) To prepare a draft or drafts of such new legislation as may be necessary it implement the recommendations of the Task Force;
(f) To develop a plan of action on the monitoring, evaluation and enforcement of policies and laws on traditional knowledge, genetic resources and folklore;
Powers of the Task Force:
In the performance of its task, the Task Force will have powers to do the following-
(a) Collect and collate views, opinions and data from a broad spectrum of the public and stakeholders;
(b) Access and review official reports, studies of committees and working groups that have previously examined traditional knowledge, genetic resources and folklore;
(c) Commission papers and reports from experts in various areas;
(d) Co-opt experts;
(e) With the approval of the Attorney-General, to facilitate effective execution of its duties;
(f) Form sub-committees to deal with various tasks under the terms of reference.
Duration of the Assignment;
The task Force shall submit its final report to the Attorney-General within two (2) years of its appointment and shall submit biannual progress reports to the Attorney-General.
Dated the 22nd February, 2006.
S.A. WAKO,
Attorney-General



October 26th, 2006 at 7:53 am
Dear Dr. Wako,
In behalf of a study on oat genetic resources ex situ collections initiated and supported by the global crop diversity trust we are urgently searching to get into contact with Avena genetic resources collections in Kenya. According to FAO data Kenya has the 4th largest collection of Avena genetic resources in the world. We already tried the following Email addresses:
egb@iucnearo.org
m.grum@cgiar.org
KARIKAT@kari.org
ngbk@wananchi.com
Resource.center@kari.org
mgkinyua@africaonlie.co.ke
Unfortunately none of them replied. Could you provide us with actual contact data?
Best thanks and regards
Dr. Christoph Germeier
July 16th, 2008 at 7:25 am
The process is enhanced by NEMA legal notice number 160 of December 2006 on Access and Benefits Sharing.