The Kenya Intellectual Property Bill, 2026
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Unified Intellectual Property Authority Established
Establishes the Kenya Intellectual Property Authority as a single corporate body to replace KIPI, KECOBO, and ACA (Section 3). The new Authority will register patents, utility models, industrial designs, trademarks, geographical indications, and copyrights, as well as combat piracy and counterfeit goods (Section 5).
Patents for AI Inventions and Biological Resources
Defines and regulates AI-Assisted and AI-Generated Inventions under patent law (Section 18). It also mandates that patent applicants using biological resources or traditional knowledge provide proof of prior informed consent, or face abandonment of their applications (Section 28).
Statutory Copyright Damages Up to KSh 1.5 Million
Under Section 190, copyright owners electing for statutory damages can recover:
- Between KSh 200,000 and KSh 1 million for each work or performance infringed.
- Between KSh 800,000 and KSh 1.5 million if multiple works or performances are infringed, unless the court determines the infringement does not surpass KSh 1.5 million.
Tighter Counterfeit Regulations and Imports Registry
Requires the recordation of trademarks for all goods imported into Kenya with the Authority (Section 226). Inspectors are granted powers to enter premises, seize suspected counterfeit goods, and arrest suspects without a warrant (Sections 199, 201, 213).
New Intellectual Property Tribunal
Establishes the Intellectual Property Tribunal consisting of a chairperson (qualified to be a High Court judge with 5 years' IP experience) and six other members appointed by the Cabinet Secretary (Sections 232, 233). The Tribunal will hear appeals from the decisions of the Director-General and handle IP disputes.
Bill No.
No. 40 of 2026
Gazette No.
Supplement No. 151 of 2026
Sponsor
Kimani Ichung'wah
Background
The Kenya Intellectual Property Bill, 2026, aims to resolve the fragmentation in Kenya's intellectual property (IP) administration. Currently, intellectual property functions are split across three distinct State Corporations: the Kenya Industrial Property Institute (KIPI) for patents and industrial designs, the Kenya Copyright Board (KECOBO) for copyrights, and the Anti-Counterfeit Authority (ACA) for counterfeit enforcement. This division has led to duplication of roles, inconsistent enforcement standards, and high administrative costs.
By giving effect to Articles 11, 40(5), and 69 of the Constitution of Kenya, 2010, this Bill merges these three entities into a single, cohesive regulator—the Kenya Intellectual Property Authority.
Key Amendments
- Repeal of Three Major Acts: The Bill explicitly repeals the Industrial Property Act, the Anti-Counterfeit Act, and the Copyright Act (Section 245), consolidating their provisions into a single statute.
- Administrative Merger: Establishes the Kenya Intellectual Property Authority (Section 3) and its Board of Directors (Section 6), which includes representatives from manufacturers, MSMEs, creative sectors, and finance/management experts.
- Establishment of the IP Tribunal: Replaces separate tribunals under previous acts with a singular Intellectual Property Tribunal to hear all disputes and appeals (Section 232).
- Regulation of AI-Assisted and AI-Generated Inventions: Formally defines AI-Generated Inventions (where AI autonomously generates a novel concept) and AI-Assisted Inventions (where AI contributes to the human inventor's process) (Section 18). However, inventions generated purely by artificial intelligence without human involvement in the inventive step are excluded from patent protection (Section 19).
New Obligations
- Prior Informed Consent for Traditional Knowledge: Applicants filing patents involving biological resources or traditional knowledge must furnish proof of prior informed consent from local communities, or the application will be deemed abandoned (Section 28).
- Trademark Recordation for Imports: Importers must record trademarks relating to goods imported into Kenya with the Authority in the prescribed manner (Section 226).
- Collective Management Organizations (CMOs): Creative sector rights holders must register collective management organizations with the Authority, which will issue three-year licenses and supervise the collection and distribution of royalties (Sections 205, 206).
- Takedown Procedures for Intermediaries: Online service providers must act on written takedown notices within 48 hours to disable access to infringing content or face secondary liability (Sections 181, 182, 184).
Penalties
- Copyright Infringement: A first conviction carries a fine of five times the market value of the legitimate work or KSh 1,000 per infringing copy (whichever is higher), or imprisonment up to 10 years (Section 196(4)(a)). Subsequent convictions carry a fine of ten times the market value or KSh 2,000 per copy, or imprisonment up to 20 years (Section 196(4)(b)).
- Dealing in Counterfeit Goods:
- For a first conviction: Imprisonment up to 5 years, or a fine not less than three times the value of the prevailing retail price of the goods, or both (Section 240(1)(a)).
- For subsequent convictions: Imprisonment up to 15 years, or a fine not less than five times the retail price, or both (Section 240(1)(b)).
- Falsifying Takedown Notices: Making a false or misleading takedown claim is an offence carrying a fine up to KSh 500,000, imprisonment up to 5 years, or both (Section 185(1)).
- Obstructing Inspectors: Willfully obstructing an IP inspector or failing to comply with their requirements carries a fine up to KSh 50,000, imprisonment up to 6 months, or both (Section 214(1)).
Transitional Provisions
- Successor in Title: The Kenya Intellectual Property Authority becomes the successor of the Kenya Industrial Property Institute, Kenya Copyright Board, and Anti-Counterfeit Authority (Section 246).
- Transfer of Staff and Assets: All officers and employees of the former institutions are transitioned to the new Authority under their existing or improved terms of service (Section 248). All funds, assets, liabilities, and pending judicial or administrative proceedings are automatically transferred to the new Authority (Sections 251, 252, 253).
Gazettement
The Kenya Intellectual Property Bill, 2026 was published in Kenya Gazette No. 151.
First Reading
The Kenya Intellectual Property Bill, 2026, sponsored by the Leader of the Majority Party, was read a First Time in the National Assembly and committed to the relevant departmental committee.
First Reading
The Kenya Intellectual Property Bill, 2026, sponsored by the Leader of the Majority Party, was read a First Time in the National Assembly and committed to the relevant departmental committee.