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{
    "id": 661035,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/661035/?format=api",
    "text_counter": 276,
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    "speaker": null,
    "content": "Mr. Temporary Speaker, Sir, there was a similar attempt by some fellow in Nyeri and the treatment was the same. The fact that he did not succeed made people ridicule him. There was no attempt by the State to support that kind of innovation. That is as far as the so-called modern knowledge goes. Today, the world is governed by a broad body of traditional knowledge which has not been respected or given effect in international legal frameworks. It is for this reason that our Constitution has recognised culture. Secondly, it has recognised that traditional communities and societies in our country have certain wealth in terms of knowledge and intellectual property that may not be written in text books, but is passed from generation to generation in those communities. However, this knowledge and cultural expressions are not protected by any law, and, therefore, it does not benefit those communities or the individuals who generate that knowledge. Therefore, this Bill is as complex or as simple as that; trying to simplify traditional knowledge and make it part of the body of knowledge in modern life. Mr. Temporary Speaker, Sir, allow me to mention each of the three Articles of the Constitution that this Bill is seeking to give effect and what it says. Article 11 of the Constitution of Kenya, 2010 recognises culture as the foundation of the nation and the cumulative civilization of the people and nation of Kenya. It recognises culture for the first time. It goes ahead to provide that the State shall make effort and provisions to ensure that there is promotion of all forms of cultural expressions through literature, arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural heritage. This Article also recognises the role of indigenous knowledge that may not be documented or articulated in any form. It also calls on the State to ensure the promotion of intellectual property rights of the people of Kenya. I will revisit the issue of intellectual property in a short while. Mr. Temporary Speaker, Sir, Article 40 talks about aspects of traditional knowledge or cultural expressions that are property in nature; they are intellectual property. Article 40 is about the right to property. However, for a long time, the world looked at property in terms of the tangible; either in terms of real property; land and buildings or intellectual property. However, intellectual property for a long time in international law and western civilization was seen in terms of patentable material or material that has been written in a book and protected in terms of copy right. One of the things that has been missing from the understanding and protection of international law in terms of property is intellectual property that arises from traditional knowledge. So, the right to property in Article 40 should not be seen as the right to own land, vehicles and cash in the bank. It should also be seen as the right of Kenyans who have certain knowledge that can be translated into property rights by virtue of the traditional and cultural knowledge. I will simplify this in a short while. Finally, Article 69 talks about protection of the environment which include protection and conservation of certain plants and animals that could be used for scientific research and the knowledge associated in how these plants and animals can be used for science and research. Mr. Temporary Speaker, Sir, allow me to decode this a little bit. As I have said, property can be catergorised into two; property which is real or chattels, movable and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}