Notice genetic resources

Following the gazettement of the Environmental Management and Coordination (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006 (Legal Notice No. 160), the National Environment Management Authority (NEMA) wishes to inform all individuals, firms, institutions or organizations who intend to carry out activities involving access to genetic resources for the purposes of research, bio-prospecting, conservation, industrial application and commercial use, to apply for an Access Permit before the commencement of the activity. 

These Regulations also apply to individuals/firms/organizations who prior to the gazettement of the Legal Notice No. 160 were carrying out activities involving genetic resources for the same purposes aforementioned.

Application forms for the Access Permit can be obtained from NEMA Headquarters or can be downloaded from NEMA website www.nema.go.ke.  The regulation became effective from 1st January 2008. Any person(s) operating without an Access Permit commits an offence and shall be liable to imprisonment for a term not exceeding eighteen months, or to a fine not exceeding three hundred and fifty thousand shillings, or both.

Note:  The regulations shall not apply to;

• The exchange of genetic 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 utilization.
• Access to genetic resources derived from plant breeders in accordance with the Seeds and Plant Varieties Act,
• Human genetic resources; and
• Approved research activities within recognized Kenyan academic and research institutions, which are governed by relevant intellectual property laws.

For more information, please contact Director, Compliance and Enforcement.  Let us conserve our biodiversity, our national heritage, for our future generations to see and enjoy too.

DR. MUUSYA MWINZI
DIRECTOR GENERAL