Related documents
- Is amended by 24th Annual Supplement
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2018

LAWS OF KENYA
PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURAL EXPRESSIONS ACT
CAP. 218A
- Published in Kenya Gazette Vol. CXVIII—No. 107 on 9 September 2016
- Assented to on 31 August 2016
- Commenced on 21 September 2016
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Protection of Traditional Knowledge and Cultural Expressions Act.2. Interpretation
In this Act, unless the context otherwise requires—"authorized user agreement" means a written agreement entered into under section 32 of this Act;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to culture;"community" means a homogeneous and consciously distinct group of the people who share any of the following attributes—3. Guiding principles
In the performance of the functions and exercise of powers under this Act, every person dealing with matters relating to traditional knowledge or cultural expressions shall be guided by the national values and principles of governance set out in Article 10 of the Constitution.4. Responsibility of county governments
A county government shall, through the county executive committee member responsible, for matters relating to culture, be responsible for—5. Responsibilities of the national government
The national government shall, under this Act be responsible for—Part II – PROTECTION OF TRADITIONAL KNOWLEDGE
6. Protection criteria for traditional knowledge
Protection shall be extended to traditional knowledge that is—7. Formalities relating to protection of traditional knowledge
8. Maintenance of registers
9. Right to protection
The owners and holders of traditional knowledge shall have the right to protection of that knowledge.10. Rights conferred to holders of traditional knowledge
11. Recognition of traditional knowledge and cultural expression owners
A person who uses traditional knowledge or cultural expressions beyond its traditional context shall acknowledge the owner of the knowledge, indicate the source of the knowledge or expression and where possible, the origin of the knowledge or expression, and use such knowledge or expression in a manner that respects the cultural values of the holders.12. Compulsory licence
13. Duration of protection of traditional knowledge
Traditional knowledge shall be protected for so long as the knowledge fulfils the protection criteria referred to under section 6.Part III – PROTECTION OF CULTURAL EXPRESSIONS
14. Protection criteria of cultural expressions
The protection of cultural expressions under this Act shall relate to cultural expressions, of whatever mode or form, which are—15. Formalities relating to cultural expressions
16. Right of protection
The owners and holders of cultural expressions shall have the right to protection of those expressions.17. Duration of protection of cultural expressions
Cultural expressions shall be protected against all acts of misappropriation, misuse, unlawful access or exploitation for as long as the cultural expressions fulfil the protection criteria set out in section 14.Part IV – GENERAL PROVISIONS
18. Protection of traditional knowledge and cultural expressions against unlawful acts
19. Exceptions and limitations
20. Derivative works
Part V – MORAL RIGHTS
21. Meaning of moral rights
22. Assignment and licensing
23. Additional rights
24. Equitable benefit sharing rights
Part VI – MANAGEMENT OF RIGHTS
25. Authorization for use of Traditional knowledge and cultural expressions
26. Access to traditional knowledge associated with genetic resources
27. Application for consent
28. Public consultation
29. Identification of holders
30. Uncertainty or dispute of ownership
31. No claim to ownership
32. Authorized user agreements
33. User agreements
34. Terms and conditions of user agreement
An authorized user agreement shall provide for, in its terms and conditions, all the following matters—35. Authorized user agreement and prior informed consent
36. Obtained consent from traditional knowledge holders
Part VII – SANCTIONS AND REMEDIES
37. Offences and penalties
38. Civil action
39. Civil remedies
40. Other mechanisms to resolve disputes
In addition to the remedies provided under this Act, any dispute may be resolved through—41. Other rights and remedies
The rights and remedies provided in this Act shall not affect any other rights of action or remedies provided under other written laws.Part VIII – TRANSITIONAL MEASURES AND MISCELLANEOUS
42. Transition
43. Regulations
44. Recognition of other laws
In accordance with reciprocal arrangements, this Act may provide the same protection to traditional knowledge and cultural expressions originating in other countries or territories as is provided to traditional knowledge and cultural expressions originating in Kenya..History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
18 January 2019
21 September 2016
Commenced
09 September 2016
31 August 2016
Assented to
Documents citing this one 10
Bench Bulletin 4
1. | Bench Bulletin - Issue 35 | |
2. | Bench Bulletin - Issue 41 | |
3. | Bench Bulletin - Issue 44 | |
4. | Bench Bulletin - Issue 53 |
Gazette 3
1. | Kenya Gazette Vol. CXXIII-No. 264 | |
2. | Kenya Gazette Vol. CXXIV-No. 6 | |
3. | Kenya Gazette Vol. CXXIV-No. 93 |
Judgment 2
Bill 1
1. | Statute Law (Miscellaneous Amendments) Bill, 2018 |