Geographical Indication (GI) options for Ethiopian Coffee and Ghanaian Cocoa

Chapter 9
Reflections on Open Scholarship Modalities
and the Copyright Environment in Kenya
Ben Sihanya 1
Abstract
This chapter outlines findings from research into the attitudes of Kenyan scholarly publishing
stakeholders towards open scholarship and alternative publishing. The findings indicate a
mix of interest and reticence in relation to open access (OA) and other modes of alternative
publishing. For instance, the authors surveyed recognise the potential of alternative publishing
to enhance their scholarly profiles, but at the same time they fear potential dilution of the
economic rights afforded to them by copyright law. The chapter concludes with suggestions
on how Kenya’s copyright environment could be made more amenable to open scholarship.
1. Introduction: open scholarship and copyright in Kenya
One of the most remarkable phenomena in the 21st century has been the emergence
and development of the knowledge economy (KE), or “informationalism”.
The KE has been defined as one in which the generation and exploitation of
knowledge plays a predominant part in the creation of wealth (Houghton, 2010).
Castells (2004a) describes the concept of informationalism as a technological
paradigm based on augmentation of human capacity for information processing
and communication, made possible by revolutions in microelectronics, software
and genetic engineering. Microelectronics, software, computation, telecommunications
and digital communications are all components of one integrated system.
This phenomenon of informationalism is characterised by a predominant position
for knowledge in the creation of wealth and development, as precipitated
1 The author gratefully acknowledges the research assistance on this study provided by Timothy
Wafula, James Mbugua, Enock Otieno and Martha Ndung’u, all of whom work for Innovative
Lawyering and Sihanya Mentoring, Nairobi.