ABSTRACT
The issue of access to GRs and benefit sharing (ABS) was one of the central themes in the negotiation of the CBD. For decades, GRs had been generally regarded as the common heritage of humankind – openly and freely accessible – without the authorization of the country in which they were found and without any obligation to share benefits from their exploitation. An important goal in the negotiations of the Convention was to redefine the conditions under which the benefits arising from the use of GRs would be shared with the countries of origin of such resources. The third objective of the Convention therefore focuses on the ‘fair and equitable sharing of the benefits arising out of the utilization of genetic resources’. The Convention establishes an elaborate framework of objectives, prin-
ciples and obligations relating to ABS. These provisions need to be translated into national legal requirements for effective implementation. The Bonn Guidelines on Access to Genetic Resources and Benefit Sharing provide some guidelines to Parties on how to implement their ABS obligations. Since the entry into force of the Convention, Kenya has developed both framework legislation that domesticates the provisions of the Convention and specific regulations to implement the relevant provisions of the framework legislation. This chapter examines the key legislation governing ABS in Kenya and makes recommendations for the enhancement of enforcement of the law on ABS.
