The Environmental Management and Co-ordination (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2023, introduce several updates to enhance biodiversity conservation and regulate access to genetic resources in Kenya. Key changes include:
Enhanced Community Involvement: The 2023 regulations emphasize the role of local communities in biodiversity conservation. They introduce provisions for local community biodiversity measures, recognizing the importance of indigenous knowledge and practices in preserving biological diversity.
Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT): The revised regulations strengthen the requirements for obtaining PIC from local communities and stakeholders before accessing genetic resources. They also mandate the establishment of MAT to ensure fair and equitable benefit-sharing arising from the utilization of these resources.
Material Transfer Agreements (MTAs): The 2023 regulations provide detailed guidelines on the formulation of MTAs, which outline the terms and conditions for transferring genetic materials between parties. This ensures clarity and legal certainty in the exchange and use of genetic resources.
Updated Access Permit Procedures: The process for applying and obtaining access permits has been streamlined. Applicants are now required to provide comprehensive information, including evidence of PIC and MAT, to ensure transparency and accountability in accessing genetic resources.
Repeal of Previous Regulations: The 2023 regulations repeal the earlier Environmental Management and Coordination (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations of 2006, thereby updating and consolidating the legal framework governing biodiversity conservation and genetic resource access in Kenya.