Mar-Apr

Livestock Law
breeders one person who is a professional
animal breeder or a quantitative
geneticist representing research; one person
representing pastoralists; one person
representing the Livestock Genetic Society;
and one person representing the interests of
livestock producers one person representing
the interests of livestock products and
processors.
Kenya Livestock Breeding
Bureau to establishment of a
gene bank
The proposed law provides for establishment
of a Gene Bank. The Bill read in part, “In
consultation with the Genetics Research
Institute of Kenya Agricultural Livestock
Research Organization (KALRO), Kenya
Animal Genetic Resource Centre (KAGRC)
and other institutions, the Bureau shall
develop programs for the conservation
of animal genetic resources in situ (in
site) and ex situ (off site) for purposes of
preserving the Country’s heritage of animal
genetic resources.
Biotechnologies for livestock
breeding
In consultation with relevant stakeholders,
the Bureau shall from time to time,
evaluate and approve biotechnologies to
be used in the country for commercial
animal breeding and improvement. The
biotechnologies which, for the time being,
are approved by the Bureau and from which
a breeder or farmer may make a choice
for commercial livestock breeding in Kenya
include- reproductive biotechnologies
which include- Artificial Insemination
(AI), embryo transfer, OPU and In vitro
maturation (IVM)/In Vitro Fertilisation
(IVF), sexing and, cloning; and molecular
biotechnologies which include- DNA
technologies in animal nutrition and growth,
DNA technologies in animal genetics and
breeding, and DNA technologies in animal
health.
National Breeding Centre To
regulate breeding activities
The functions of a Reproductive and Genetic
Technologies Service Centre shall be to:
locally recruit or receive, as the case may besires,
through contract mating, for semen
production, processing, storage and eventual
distribution; embryos, oocytes, tissues and
ova; or import sires for the production of
semen or semen doses, embryos, oocytes,
tissues and ova for processing, storage and
eventual distribution; carry out, in addition
to information received from the National
Center, research in animal and technologies
related to animal reproduction; and establish
DNA and embryo libraries in Kenya.
Pastoralists and indigenous
breeders rights
Furthermore, the Bill requires the Board to
mobilize pastoralists and indigenous animal
keepers into formidable associations which in
turn will be expected to participate in cultural
activities, animal shows and field days. In
making provision for the mobilization of
pastoralists, the Board shall take into account
requirements of any regional accord that
impacts animal breeding and improvement
activities by trans-boundary pastoralists.
It is the responsibility of the board to
assist the pastoral and indigenous animal
keepers to articulate their rights over their
animal genetic resources. These rights
encompass and recognize pastoralist breeds
as products of their communities and
pastoral and indigenous knowledge, culture
and accordingly part of the animal
genetic resources in public domain and of
the Country. The Board is also required to
protect pastoralist diverse animal genetic
resources, knowledge and technologies.
Moreover, the Board is expected to
encourage the use of pastoralists’ indigenous
and pastoral knowledge concerning
the conservation and sustainable use of
animal genetic resources without the fear
of its appropriation by the state or any
other person. It is instructive to note that
pastoralists access, use and selling of
their animal genetic resources will not be
restricted by intellectual property rights
and genetic engineering technologies so
as not to disrupt the integrity of their
indigenous genetic resources, under this
Act or in any international Convention,
Protocol or Treaty to which Kenya is a
signatory in order to empower them
in the management of animal genetic
resources.
The Board is expected to protect Kenyan
breeders from unconscionable contracts
or deals or any form of unwarranted
exploitation of their animal genetic
resources, technologies or knowledge by
local or foreign persons or organizations
in whatever form and in particular, to be
protected from unfair exploitation of their
livestock genetic resources;
Intellectual Property and
ethical issues dimension
The Bill comes at a right time when
Kenya’s livestock sector needs a facelift
for national prosperity and food security.
Besides, the proposed law will insulate the
country against Intellectual Property (IP)
exploitation by unscrupulous international
players and developed countries, particularly
those Western countries that grant patent
for inventions related to animal breeding
and genetics.
In these countries, this practice is
generally accepted due to the advancement
in sequenced genomes, transgenic livestock
and cloned animals. A good case in point is
a patent that was granted to New Zealand
and Australian researchers in 2003. These
researchers obtained a patent for the
Booroola gene despite a general belief that
genes cannot be patented. Scientists have
ever since argued that the Booroola gene in
Australia, which has a large effect on litter
size of sheep, can be traced back to Bengal
sheep which were imported from Calcutta
and crossed with Merinos in Australia some
years back.
Although many countries have raised
ethical issues and objected to protection of
animal breeding, it is a fact that the issue of
the patentability of animals will continue to
attract varied reactions across the globe for
many days to come. Nonetheless, it now
crystal clear that there is an impending
danger that animal genetic material from
developing countries may be exploited by
developed countries and large international
companies. In view of this, there is a strong
rationale for a legal framework to create the
appropriate utilization of animal genetic
resources.
As populations of rare breeds dwindle,
so does the genetic diversity of their species.
As genetic diversity drops, those protective
genes may die off with the disappearing
animals. And that could put food security at
risk. One epidemic might wipe out nearly all
of them at once. Domestic animal diversity
is essential for future generations to develop
breeds that can adapt to largely unforeseeable
ecological and economical scenarios. Farm
animal genetic resources form the raw
material that farmers depend on to adapt to
changes in the natural environment and in
production conditions. This justify why the
proposed law is necessary to forestall such
eventuality. Parliament must should rise to
the occasion and pass the proposed without
further delay.
The writer is Intellectual Property,
Communications and Media Relations
Practitioner mbuguajoroge@gmail.com
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26
Livestock East Africa March - April 2016
Learn • Breed • Earn