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The Kenyan ABS Regulations- Implementation Experiences and ...

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4.0 <strong>The</strong> Challenges in implementation <strong>and</strong> Enforcement<br />

Issues under Access to Benefit Sharing<br />

• <strong>The</strong> scope of the application of the regulations are not very clear e.g<br />

Translocation of wild animals from one park to another, does it require access<br />

permit <strong>The</strong> question is, what is actually regulated<br />

• <strong>Regulations</strong> do not expressly cover traditional <strong>and</strong> indigenous knowledge of<br />

the local communities hence it will be difficult for NEMA to safeguard this<br />

knowledge<br />

• Lack of operational tools mentioned in the regulations e.g MTA, MAT <strong>and</strong> PIC<br />

• <strong>The</strong> process of acquiring the access permit is long <strong>and</strong> tedious.<br />

– Requirements-PIC from Community or lead agency<br />

– Research clearance from National Council for Science <strong>and</strong> Technology<br />

– And it takes a maximum of sixty days before one gets a permit<br />

<strong>The</strong> application/access permit fee is quite high <strong>and</strong> is prohibitive especially for students

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