Kenya Advances Toward Unified National Intellectual Property Policy After Extensive Public Consultations

Kenya is on the verge of establishing a comprehensive National Intellectual Property Policy after two previous attempts to formulate such a framework were unsuccessful. This development follows the conclusion of an extensive public participation process conducted by the Ministry of Investments, Trade and Industry in collaboration with key agencies including the Anti-Counterfeit Authority (ACA), Kenya Industrial Property Institute (KIPI), Kenya Plant Health Inspectorate Service (KEPHIS), Kenya National Innovation Agency (KENIA), Kenya Copyright Board (KECOBO), and the National Research Fund (NRF).

The draft policy, if adopted, will integrate various intellectual property rights—patents, trademarks, copyrights, plant variety rights, geographical indications, and traditional knowledge—under a single coherent framework. It also aims to strengthen enforcement mechanisms, thereby positioning intellectual property as a catalyst for innovation, creativity, and economic growth across Kenya.

Wahome King’uru, representing the Principal Secretary of the State Department for Industry, emphasized the diverse nature of intellectual property across Kenya’s counties. “The Ministry has listened closely across every region this tour has reached. What has struck us most is how differently intellectual property shows up from one county to the next — coffee in Nyeri, athletics in Eldoret, oil in Turkana, tourism on the coast. NIPPS 2026 must be flexible enough to protect all of it,” he stated.

The nationwide public participation process culminated with engagements involving stakeholders from Nairobi, Kajiado, Kiambu, and Machakos counties, bringing the total number of counties consulted to 38.

Throughout the consultation tour, forums received submissions addressing the protection of regional produce and geographical indications such as Nyeri coffee, Kericho and Nandi tea, and West Pokot honey. Other key issues included safeguarding the image and endorsement rights of athletes from Eldoret, Nandi, and Elgeyo Marakwet; regulating new natural resource discoveries in Turkana and Elgeyo Marakwet; enhancing enforcement against counterfeit goods along border and coastal trade corridors; and supporting researchers, manufacturers, and creative industries nationwide to protect and commercialize their intellectual property.

Dr. Robi King’a, Executive Director of the Anti-Counterfeit Authority, reflected on the diversity of inputs received. “From the coffee highlands of Nyeri to the running towns of Eldoret, the coast of Mombasa and the trading floors of Kakamega, Kenyans have told us plainly what this policy must protect. Nairobi closes that conversation, but the real work is only beginning — turning what we have heard into a policy that works for every county, not just the ones with the loudest voices,” he remarked.

The submissions gathered during the public participation phase will now be collated and reviewed to inform the finalization of the National Intellectual Property Policy. The policy is expected to provide a unified and adaptive framework that reflects Kenya’s diverse economic and cultural landscape, fostering innovation and safeguarding intellectual property rights across all sectors.