This is the version of this Act as it was from 28 November 2014 to 20 March 2022. Read the latest available version.
Science, Technology and Innovation Act
Related documents
- Is amended by 24th Annual Supplement
- Is amended by Kenya Industrial Research and Development Institute Act

LAWS OF KENYA
SCIENCE, TECHNOLOGY AND INNOVATION ACT
CAP. 511
- Published in Kenya Gazette Vol. CXV—No. 46 on 15 March 2013
- Assented to on 14 January 2013
- There are multiple commencements
Provisions | Status |
---|---|
Part I (section 1–2); Part II (section 3–8); Part III (section 9–11); Part IV (section 12–15); Part V (section 16–27); Part VIII (section 37–39); Part IX (section 40–45); Part X (section 46–54) | commenced on 23 June 2013 by Legal Notice 94 of 2013. |
Part VI (section 28–31); Part VII (section 32–36) | commenced on 1 October 2014 by Legal Notice 129 of 2014. |
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2014 (Act No. 18 of 2014) on 28 November 2014]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Science, Technology and Innovation Act, 2013.2. Interpretation
In this Act, except where the context otherwise requires—"acquisition" means the process by which the rights to use, employ and exploit a technology for the purpose of improving or renewing processes, products or services are acquired;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to science, technology and innovation;"Commission" means the National Commission for Science, Technology and Innovation established under section 3;"Director-General" means the Director-General of the Commission appointed under section 8."eminent scientist" means person who has made distinguished contributions in the field of science;"Fund" means the National Research Fund established under section 32;"incubation" means the maintenance of enabling environmental conditions for the purpose of facilitating the growth or development of infant technologies ideas or industries;"industrial park" means an area designed and zoned for manufacturing and associated activities;"innovation" includes-(a)a technovation model, utility model or industrial design within the meaning of the Industrial Property Act, No. 3 of 2001;(b)a product, process, service or idea which is novel;(c)an improved use of a new product, service or method in industry, business or society; or(d)indigenous or traditional knowledge by community of beneficial properties of land, natural resources, including plant and animal resources and the environment;(e)any other non-patentable creations or improvements which may be deemed as deserving promotion and protection or sui generis intellectual property rights and "innovator" shall be construed accordingly;"innovation park" means an area designed and zoned for innovation;"institution" means a research institution registered under this Act;"invention" means a new and useful art, process, machine, manufacture or composition of matter, living or inanimate, or any invention or discovery which is or may be patentable or otherwise protectable or any novel variety of plant which is or may be protectable;"research system" means research, science, technology or innovation Science, Technology and Innovation 2013;"research institution" means any organization, centre or place whether public or private in which research of any kind is conducted or undertaken by any person, consortium or institute, and which is registered under this Act;"scheduled Science" means one of the groups referred to in section 9;'secretary" deleted by Act No. 18 of 2014, Sch."science Park" includes a technology park, science fair, and any other area designed and zoned for scientific or technological research and related activities;"technology" means the application of knowledge to meet the goals, goods and services for sustainable development;"traditional knowledge" means the wisdom developed over generations of holistic traditional scientific utilization of the lands, natural resources, and environment;"University" has the meaning assigned it under the Universities Act, No. 42 of 2012.[Act No. 18 of 2014, Sch.]Part II – THE NATIONAL COMMISSION FOR SCIENCE, TECHNOLOGY AND INNOVATION
3. Establishment of the Commission
4. Objective of the Commission
The objective of the Commission shall be to regulate and assure quality in the science, technology and innovation sector and advise the Government in matters related thereto.5. Board of the Commission
6. Functions of the Commission
7. Guiding Principles
In the performance of its functions under this Act the Commission and other implementing authorities shall be guided by the following principles-8. Commission Director-General
Part III – ADVISORY RESEARCH COMMITTEES
9. Establishment of Advisory Research Committees
10. Functions of the Committees
An Advisory Research Committee shall, within its area of responsibility, undertake the following functions and advise the Commission-11. Reports of Advisory Research Committees
Part IV – LICENSING OF RESEARCH
12. Requirement for licence to undertake research
13. Grant of licence
14. Procedures, standards, ethics and guidelines
Any person issued with a licence pursuant to this Part shall adhere to such procedures, standards, code of ethics and guidelines as may be prescribed by regulations made under this Act.15. Offences
Part V – REGISTRATION OF RESEARCH INSTITUTES
16. Establishment of research institutions
17. Application to the Commission to establish research institutes
18. Commission to examine application
19. Effect of registration
A research institute established in accordance with this Part shall be a body corporate with perpetual succession and shall have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for its own purposes.20. Appeal against decision of Commission
Any person aggrieved by the decision of the Commission under this Part may, within sixty days of receiving the notification thereof, appeal to the Cabinet Secretary or to any other authority appointed by the Cabinet Secretary in that behalf.21. Offence to establish or operate research institutes without authority
22. Maintenance of ethics and standards
23. External monitoring and evaluation
24. Notice to rectify and sanctions
25. Rights of Institutes to research findings and discoveries
26. Storage and dissemination of research findings
Research, findings and information regarding research systems shall be stored or disseminated, utilised or applied in such a manner as may be prescribed by the Commission from time to time.27. Power to establish committees
The Commission may set up committees or affiliations with research institutions or such other bodies as it may deem appropriate for the better carrying out of its functions under this Act.Part VI – THE KENYA NATIONAL INNOVATION AGENCY
28. Establishment of the Agency
29. Functions of the Agency
30. Director of the Agency
31. Funds of the Agency
Part VII – THE NATIONAL RESEARCH FUND
32. Establishment of Fund
33. Objects of the Fund
34. Director and staff of the Fund
35. Provisions relating to the Fund
The financial provisions set out in Part VII of this Act shall apply mutatis mutandis to the Fund.36. Functions of the Board of Trustees
Part VIII – FINANCIAL PROVISIONS
37. Funds of the Commission
The funds of the Commission shall consist of-38. Financial year
The financial year of the Commission, the Agency and the Fund shall be the period of twelve months ending on the thirtieth day of June in each year.39. Annual Estimates
Part IX – MISCELLANEOUS
40. Museum of Science and Technology
The National Museums of Kenya may, on the recommendation of the Cabinet Secretary, by notice in the Gazette, establish a museum of science and technology.41. Common seal
The Common seal of the Commission shall be kept in the custody of the Director-General and used in the manner the Commission shall direct.[Act No. 18 of 2014, Sch.]42. Disclosure of interest
Where a member of a body set up under this Act is directly or indirectly interested in any contract or other matter before that body and is present at a meeting at which the contract or such other matter is the subject of discussion, the person shall disclose the nature of the interest at the meeting as soon as reasonably practicable after the commencement thereof and shall, in addition to any other appropriate action, not take part in the discussion or voting on the contract or such matter.43. Protection from personal liability
44. General penalties
Any person who commits an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.45. Regulations
Part X – REPEALS AND TRANSITIONAL PROVISIONS
46. Interpretation of Part
In this Part—"appointed day" means the day appointed by the Cabinet Secretary for the coming into operation of this Act;"Council" means the National Council for Science and Technology existing immediately before the commencement of this Act.47. Repeal of Cap 250
48. Assets and Liabilities
49. Members of the Council
Any person who is a member of the Council immediately before the commencement of this Act shall remain in office for a period not exceeding three months.50. Staff
51. Preservation of registration
Any register kept, registration effected, certificate, permission, license, authority issued and or granted, notice or information given, return made or other thing done under the repealed Act which, immediately before the appointed day, was in force or effect, shall continue in force and have effect as if kept, effected, issued, given, made or done under the corresponding provision of this Act.52. Preservation of contracts and licences
Any form used and any requirement as to the particulars to be entered in any form used for the purposes of the Science and Technology Act (now repealed) which was in force immediately before the date of commencement of this Act shall continue in force and have effect as though prescribed under this Act until forms or particulars are so prescribed.53. Research institutes under the former Act
The research institutes set out in the Fourth Schedule which were established under the repealed Act shall continue to operate as if they had been accredited under this Act and shall forthwith each be issued with a Certificate of Registration by the Commission.54. Act to prevail
Where any conflict arises between the provisions of this Act and the provisions of any other written law in relation to accreditation, co-ordination of research institutions or any function of the Commission, the provisions of this Act shall prevail.History of this document
31 December 2022
Revised by
24th Annual Supplement
Read this version
21 March 2022
28 November 2014 this version
01 October 2014
24 June 2013
Commenced by
Science, Technology and Innovation Act Commencement
15 March 2013
14 January 2013
Assented to
Cited documents 5
Act 5
1. | Wildlife Conservation and Management Act | 310 citations |
2. | Universities Act | 273 citations |
3. | Industrial Property Act | 65 citations |
4. | Biosafety Act | 33 citations |
5. | Kenya Industrial Research and Development Institute Act | 4 citations |
Documents citing this one 51
Gazette 33
Bill 7
Legal Notice 4
Judgment 3
Act 2
1. | Forest Conservation and Management Act | 91 citations |
2. | Kenya Industrial Research and Development Institute Act | 4 citations |
Bench Bulletin 2
1. | Bench Bulletin - Issue 22 | |
2. | Bench Bulletin - Issue 41 |
Subsidiary legislation
Title
|
Date
|
|
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The Kenya Institute of Primate Research Order | Legal Notice 273 of 2017 | 31 December 2022 |
The Science, Technology and Innovation (Research Licensing) Regulations | Legal Notice 108 of 2014 | 31 December 2022 |
The Science, Technology and Innovation (Relevance and Quality Assurance in Research) Regulations | Legal Notice 107 of 2014 | 31 December 2022 |
The Science, Technology and Innovation (Registration and Accreditation of Research Institutions) Regulations | Legal Notice 106 of 2014 | 31 December 2022 |