Sovereignty and development: law and the politics of traditional knowledge in Kenya. Issue 1 (2nd January 2021)

• Record Type: Journal Article
• Authors: Harrington, John; Deacon, Harriet; Munyi, Peter
• Is Part Of: Critical African studies. Volume 13:Issue 1(2021)
• Page Start: 95
• Page End: 114
• Publication Date: 2021-01-02
• Subjects: traditional knowledge -- culture -- Kenya -- law -- politics -- intellectual property -- indigenous peoples; savoir traditionnel -- culture -- Kenya -- Loi -- politique -- propriété intellectuelle -- populations autochtones; Africa -- Social aspects -- Research -- Periodicals; Africa -- Economic aspects -- Research -- Periodicals; Africa -- Political aspects -- Research -- Periodicals; 960.05
• DOI: 10.1080/21681392.2021.1884108
• Languages: English
• ISSNs: 2168-1392

Abstract

Abstract : This article investigates the justifications for Kenya's pioneering 2016 legislation to protect the interests of communities in their traditional knowledge. Drawing on parliamentary, governmental and media sources, it argues that law reform was underpinned by political concerns about the exploitation of valuable resources by foreign concerns. This problematization of traditional knowledge in terms of national sovereignty and development defines the scope of the legislation and leads to a number of important shortcomings and contradictions. It puts the nation state at the heart of the legal regime, limiting enforcement to the national territory and giving authorities ultimate the power to override community decisions. While the legislation should be adjusted to address these issues, we also suggest that communities should pursue non-legal alternatives, including the encouragement of ethical commercial conduct through media campaigns and licensing agreements.