Access to and benefit sharing of genetic resources in Kenya

Abstract

Access to and benefit sharing of genetic resources, which are defined as including microorganisms, plant and animal material including indigenous seeds, genetic plant varieties and traditional animal breeds that contain functional hereditary units, has been a topic of debate in international law. Previously genetic resources were regarded as a common heritage of mankind, this granted free access, collection and utilization of genetic resources belonging to local communities without the informed consent of those community. This study examined the current legislative and regulatory globally and in Kenya and came up with recommendations which Kenya can implement to facilitate the participation of local communities in the process of access to genetic resources and to ensure that local communities benefit from exploitation of their genetic resources. The study was conducted through comparative analysis of the approaches taken by India and Philippines.