The Kenya Institute of Primate Research Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
New Certification for Experimental Animal Facilities
Requires any person using or managing an animal care and use program or facility for experimental animals in Kenya to obtain certification from the Institute under Clause 32. Supplying false information during application carries a fine of up to KSh 300,000, imprisonment for up to one year, or both (Clause 33).
Establishment of a Scientific and Ethics Review Unit
Establishes an internal Scientific and Ethics Review Unit under Clause 28 to ensure all research proposals involving non-human primates and other experimental animals adhere to national and international ethical standards. The unit is responsible for reviewing protocols, approving material transfer agreements, and monitoring active research.
General Offence Penalties Reaching KSh 5 Million
Under Clause 59, any person who contravenes provisions of the Act where no specific penalty is provided commits an offence and is liable on conviction to a fine not exceeding KSh 5 million, imprisonment for up to five years, or both.
Intellectual Property Rights and Commercialization
Vests patent and innovation rights in the Institute unless otherwise agreed (Clause 40). Authorizes the Institute to commercialize intellectual property through licensing, joint ventures, or royalty-free humanitarian access, and sets rules for sharing royalties with inventors (Clauses 44 and 45).
Bill No.
No. 52 of 2024
Gazette No.
Supplement No. 207 of 2024
Sponsor
Robert Pukose
Background
The Kenya Institute of Primate Research (KIPRE) is currently established under the Science, Technology and Innovation Act (Cap. 511) via the Kenya Institute of Primate Research Order, 2017 (L.N. 273/2017). This Bill seeks to repeal that Order and establish the Institute as a fully-fledged body corporate. Properly anchoring KIPRE in an Act of Parliament is intended to ensure maximum efficiency and statutory authority in the performance of its functions, which center around pre-clinical and translational research using non-human primates to improve human health.
Key Amendments
- Corporate Status: Formally establishes KIPRE as a body corporate with perpetual succession, capable of suing, being sued, and holding property (Clause 5).
- Governance Board: Places the management of the Institute in a Board of Directors comprising a non-executive chairperson appointed by the President, the Principal Secretaries for Health and the National Treasury, six members appointed by the Health Cabinet Secretary, and the Director-General as an ex-officio member (Clause 9).
- Core Infrastructure: Mandates the creation of biobanks to store biologicals used in pre-clinical research (Clause 30) and centralizes research data in a centralized research data bank (Clause 31).
New Obligations
- Facility Certification: Any person managing or using an animal care and use program or facility for experimental animals must apply for and maintain a certificate from the Institute (Clause 32).
- Research Compliance: Researchers must conduct pre-clinical trials with respect for the welfare of animals and in accordance with the Prevention of Cruelty to Animals Act (Cap. 360), the Wildlife Conservation and Management Act (Cap. 376), the Data Protection Act (Cap. 411C), and the Digital Health Act (Clause 27).
- Data Protection and Confidentiality: Board members, officers, and agents must protect personal data and maintain absolute confidentiality of information acquired in the course of their duties (Clauses 54, 55, and 56).
Penalties
- False Information for Certification: Supplying false or misleading information under Clause 33 carries a fine not exceeding KSh 300,000, imprisonment for up to one year, or both.
- Disclosure of Confidential Information: Disclosing confidential information in contravention of the Act carries a fine not exceeding KSh 500,000, imprisonment for up to two years, or both (Clause 58(3)).
- General Penalty: Any offence under the Act for which no specific penalty is provided carries a fine of up to KSh 5 million, imprisonment for up to five years, or both (Clause 59).
- Failure to Disclose Board Conflict of Interest: Any Board member who fails to disclose a conflict of interest in a matter before the Board is liable to a fine not exceeding KSh 1 million, imprisonment for up to six months, or both (First Schedule, Clause 3(3)).
Transitional Provisions
- Revocation of L.N. 273/2017: The Kenya Institute of Primate Research Order, 2017 is formally revoked (Clause 73).
- Transfer of Assets and Staff: All assets, liabilities, contracts, and binding instruments of the former institute are transferred to the newly corporate KIPRE. Existing officers, employees, and the Director-General of the former institute continue to serve out their terms under the new entity.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.