The Biosafety Act 2009 of Kenya received Presidential assent on 12th February 2009.
The Act, developed within the spirit of the Cartagena Protocol, lays down the legal and institutional framework to govern biotechnology in Kenya.
Prior to enactment of the Biosafety Act of 2009, Kenya had only biosafety regulations and guidelines lacking backing of an Act of Parliament, even though Kenya signed the Cartagena Protocol for Biosafety in 2000 and ratified the Protocol in 2003. Kenya also has in place a National Policy on Biotechnology and Biosafety.
Biosafety refers to a set of measures used for assessing and managing any risks associated with Genetically Modified Organisms (GMOs) and policies and procedures adopted to ensure safety to human and environment in application of biotechnology. While modern biotechnology has enabled researchers to make great strides in medicine and agriculture such as developing superior species with resistance to pests and diseases, there are genuine concerns that without proper biosafety mechanisms in place, biotechnology can result in such adverse effects as harming ecosystems and altering the genetic make-up of organisms and patenting life forms.
Just like many developing nations, Kenya faces many challenges in Research and Development (R&D) and adoption of modern biotechnology. The biggest challenges include inadequate funding of biotechnology activities, weak institutional structures, low levels of awareness and education on issues relating to biotechnology and biosafety and inadequate critical mass of experts in science, technology and other relevant disciplines.
The United Nations Environmental Programme – Global Environmental Facility (UNEP-GEF) has since 1996 been engaged in encouraging biosafety and biotechnology in Kenya. In 1997 the 10th GEF Council approved the first phase of a biosafety enabling activity pilot project for Kenya. It is hoped that with the enactment of the Biosafety Act 2009, Kenya will have in place a sustainable and effective biosafety management system beneficial to all its citizens.
David B Opijah, Nairobi
