The Kenyan ABS Regulations- Implementation Experiences and ...

Cont.
• Lack of capacity in the Biodiversity Section in terms of number of personnel
• Institutional memory/succession not entrenched in the MEAs systems
• Difficulty in enforcement of ABS regulations ( nature of biodiversity) and monitoring of pemitted
activities.
• Country providing access to genetic resources frequently faces difficulties in monitoring how the
resources are used once they leave the country’s jurisdiction and in enforcing compliance with ABS
rules and negotiated terms.
• Studies on experience from other countries e.g South and Central American countries indicate that
there is widespread frustration in seeking PIC, negotiating MATs and sharing of benefits associated
with the use of genetic resources and traditional knowledge due to lack of clear community
infrastructure and persons within the community who can negotiate for better terms. Most investors
also dread the PIC requirement due to economic costs. Identifying which community should give
consent is often problematic.