FIRST SCHEDULE
REGULATORY AGENCIES
1.Department of Public Health.2.Department of Veterinary Services.3.Kenya Bureau of Standards.4.Kenya Plant Health Inspectorate Services.5.Kenya Industrial Property Institute.6.Kenya Wildlife Service.7.Pest Control Products Board.8.National Environment Management Authority.SECOND SCHEDULE
PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD
1.Committees and co-opted advisors(1)The Board may establish such committees as it may consider appropriate to perform such functions and responsibilities as it shall determine, but all findings of such committees shall be presented to the Board for its consideration and determination.(2)The Board may, at any time and for any length of time, invite any person to attend any of its deliberations but such person shall not be entitled to vote on any matter at any meeting of the Board.2.Meetings of the Board(1)The Board shall meet at least four times in every financial year.(2)The Chairperson shall preside at every meeting of the Board at which he is present, but in his absence, the members shall elect one of their number who shall, with respect to that meeting and the business transacted thereat, have all the powers of a Chairperson.(3)Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of votes of the members present and in the case of an equality of votes, the Chairperson shall have a casting as well as a deliberative vote.3.Vacation of office(1)A member of the Board, other than an ex officio member, shall vacate office on any of the following grounds—(a)upon the expiry of his appointment;(c)if he is adjudged bankrupt;(d)if he is sentenced for any offence against any written law to a term of imprisonment of six months or more;(e)if he is convicted of an offence involving fraud, dishonesty or moral turpitude;(f)if he is absent, without permission of the Chairperson of the Board, from three successive meetings of the Board of which he has received notice;(g)upon notice in writing of his intention to resign his office;(h)if in the opinion of the Board, he becomes by reason of mental or physical infirmity incapable of performing his duties as a member of the Board; or(i)upon the commission of an offence under this Act.4.Disclosure of interestIf a member of the Board has any interest direct or indirect in any application or other matter which is the subject of consideration at a meeting of the Board, the member shall, at the meeting, disclose the fact to the Board and shall take no part in the consideration or discussion of or vote on any question with respect to the application or the other matter.THIRD SCHEDULE
INFORMATION REQUIRED IN APPLICATIONS FOR APPROVAL OF CONTAINED USE ACTIVITY
1.The name and contact address of the applicant.2.The location where contained use activities are to be undertaken.3.The nature and identity of genetically modified organisms to be involved.4.The nature and purpose of the activities including such activities as storing, transporting, producing, processing, disposing or using the genetically modified organisms in any other way.5.A description of the containment measures to be provided and the suitability of those measures for the genetically modified organisms and activities to be undertaken.6.A description of any potential risks associated with the genetically modified organisms or the activities to be undertaken, and7.A description of remedial measures to be undertaken in the event of any accident.8.A sworn declaration by the applicant that the above information is factually correct.FOURTH SCHEDULE
INFORMATION REQUIRED IN APPLICATIONS FOR APPROVAL OF RELEASE INTO THE ENVIRONMENT, IMPORTATION AND PLACING ON THE MARKET OF GENETICALLY MODIFIED ORGANISMS
1.Name, address and contact details of the applicant.2.Name and identity of the genetically modified organism as well as the domestic classification, if any, of the Biosafety level of the genetically modified organism in the country of export.3.Intended dates of the trans-boundary movement.4.Taxonomic status, common name, point of collection or acquisition and characteristics of the recipient organism or parental organism related to Biosafety.5.Centre of origin and centre of genetic diversity if known, of the recipient organism and the parental organism and the description of the habitat where the organism may persist.6.Taxonomic status, common name, point of collection or acquisition and characteristics of the modification introduced, the technique used and the resulting characteristics of the genetically modified organism.7.Intended use of the genetically modified organism.8.Quantity or volume of the genetically modified organism to be transferred.9.Suggested methods for the safe handling, storage, transport and use.10.A sworn declaration of the applicant that the above mentioned information is factually correct.FIFTH SCHEDULE
PROVISIONS ON RISK ASSESSMENT
1.Objective of risk assessmentThe objective of the risk assessment is to identify and evaluate the potential adverse effects of genetically modified organisms on human health and the environment.2.Use of risk assessmentThe risk assessment shall be used by the Authority to make informed decisions regarding genetically modified organisms.3.General principlesThe general principles guiding risk assessment are—(a)risk assessment shall be carried out in a scientifically sound and transparent manner and may take into account expert advice and guiding principles developed by relevant organizations;(b)lack of scientific knowledge or scientific consensus shall not necessarily be interpreted to indicate a particular level of risk, an absence of risk or an acceptable risk;(c)risk associated with genetically modified organisms shall be considered in the context of the risks posed by the genetically modified organisms recipient or the parental organisms in the likely potential receiving environment.4.MethodologyTo fulfil its objective, a risk assessment shall entail the following steps—(a)an identification of any genotype and phenotypic characteristics associated with the genetically modified organisms that may have adverse effects on the environment and on human health;(b)an evaluation of the likelihood of these adverse effects being realized, taking into account the level and the kind of exposure of the likely potential receiving environment of the genetically modified organisms;(c)an evaluation of the consequences should these effects be realized;(d)an estimation of the overall risk posed by the genetically modified organisms based on the evaluation of the likelihood and consequences of the identified adverse effects being realized;(e)a recommendation as to whether or not the risks are acceptable or manageable, including identification of strategies to manage these risks; and(f)where there is uncertainty regarding the level of risk, the Authority may request for further information on the specific issues of concern or may recommend implementing appropriate risk management strategies and monitoring the genetically modified organisms in the receiving environment.5.Points to considerRisk assessment shall take into account the relevant technical and scientific details regarding the characteristics of the following subjects—(a)Recipient organism or parental organismThe biological characteristics of the recipient organism or parental organism including taxonomic status, common name, origin, centres of origin and centres of genetic diversity and a description of the habitat where the organism persists.Taxonomic status and common name, source and the relevant biological characteristics of the donor organisms.Characteristics of the vector including its identity and the sources of origin and host range.(d)Insert and characteristics of modificationGenetic characteristics of the inserted nucleic acid and the function it specifies and characteristics of the modification introduced.(e)Genetically modified organismsIdentity of the genetically modified organisms and the differences between the biological characteristics of the genetically modified organisms and those of the recipient organism or parental organism.(f)Detection and identification of genetically modified organismsSuggested detection and identification methods and the specificity, sensitivity and reliability.(g)Information relating to the intended useInformation related to the intended use of the genetically modified organisms including new or changed use compared to the recipient organism or parental organism.Information on the location, geographical, climatic and ecological characteristics including relevant information on biological diversity and centres of origin of the likely potential receiving environment.SIXTH SCHEDULE
PROVISIONS AS TO THE APPEALS BOARD
1.Vacation of office(1)A member of the Appeals Board may vacate office on any of the following grounds—(a)upon the expiry of his appointment;(c)if he is adjudged bankrupt;(d)if he is sentenced for any offence against any written law to a term of imprisonment of six months or more;(e)if he is convicted of an offence involving fraud, dishonesty or moral turpitude;(f)if he is absent, without permission of the Chairperson of the Appeals Board from three successive sittings of the Appeals Board of which he has received notice;(g)upon giving notice in writing of his intention to resign his office;(h)if he becomes, by reason of mental or physical infirmity, incapable of performing his duties as a member of the Appeals Board; or(i)upon the commission of an offence under this Act.2.Disclosure of interestIf a member of the Appeals Board has any interest direct or indirect in any application or other matter which is the subject of consideration at a sitting of the Appeals Board, the member shall at the sitting, disclose the fact to the Appeals Board and shall take no part in the consideration or discussion of or vote on any question with respect to the application or the other matter.3.VacancyWhere the office of any member becomes vacant, whether by death or otherwise, the Cabinet Secretary may appoint another person to be a member of the Appeals Board for the remainder of the term of the member whose vacancy caused the appointment.4.Majority decisionsThe decision of the Appeals Board shall be that of the majority and shall be signed by the members thereof agreeing thereto.5.VenueThe Appeals Board shall sit at such place as it may consider most convenient having regard to all the circumstances of the particular proceedings.6.Proof of documentsA document purporting to be a copy of any order of the Appeals Board, and certified by the Chairperson to be a true copy thereof, shall in any legal proceedings be prima facie evidence of the order.
