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LAWS OF KENYASCIENCE, TECHNOLOGY AND INNOVATION ACTno. 28 of 2013Published by the National Council for Law Reportingwith the Authority of the

Science, Technology and InnovationNO. 28 OF2013NO. 28 OF 2013SCIENCE, TECHNOLOGY AND INNOVATION ACTARRANGEMENT OF SECTIONSARRANGEMENT OF SECTIONSSectionPART I – PRELIMINARY1.2.Short title and Commencement.Interpretation.PART II – THE NATIONAL COMMISSION FORSCIENCE, TECHNOLOGY AND INNOVATION3. of the Commission.Objective of the Commission.Board of the Commission.Functions of the Commission.Guiding principles.Commission Secretary.PART III – ADVISORY RESEARCH COMMITTEES9.10.11.Establishment of Advisory Research Committees.Functions of the Committees.Reports of Advisory Research Committees. of licence to undertake research.Grant of licence.Procedures, standards, ethics and guidelines.Offences.PART IV – LICENSING OF RESEARCHPART V – REGISTRATION OF RESEARCH blishment of research institutions.Application to the Commission to establish research institutes.Commission to examine application.Effect of registration.Appeal against decision of Commission.Offence to establish or operate research institute without authority.Maintenance of ethics and standards.External monitoring and evaluation.Notice to rectify and sanctions.Rights of Institutes to research findings and discoveries.Storage and dissemination of research findings.Power to establish committees.28.29.Establishment of the Agency.Functions of the Agency.PART VI – THE KENYA NATIONAL INNOVATION AGENCYS4A – 3[Issue 2]

NO. 28 OF201330.31.Science, Technology and InnovationDirector of the Agency.Funds of the Agency.PART VII – THE NATIONAL RESEARCH FUND32. of the Fund.Objects of the Fund.Director and staff of the Fund.Provisions relating to the Fund.Functions of the Board of Trustees.37.38.39.Funds of the Commission.Financial year.Annual estimates. of Science and Technology.Common seal.Disclosure of interest.Protection from personal liability.General penalties.RegulationsPART VIII – FINANCIAL PROVISIONSPART IX – MISCELLANEOUSPART X – REPEALS AND TRANSITIONAL n of Part.Repeal of Cap. 250.Assets and liabilities.Members of the Council.Staff.Preservation of registration.Preservation of contracts and licenses.Research institutes under the former Act.Act to prevail.FIRST SCHEDULE–PROVISIONS AS TO THE CONDUCT OF THE BUSINESS AND AFFAIRSOF THE COMMISSION.SECOND SCHEDULE–SCHEDULED SCIENCES.THIRD SCHEDULE–PROVISIONS AS TO ADVISORY RESEARCH COMMITTEESFOURTH SCHEDULE–EXISTING RESEARCH INSTITUTES[Issue 2]S4A – 4

Science, Technology and InnovationNO. 28 OF2013NO. 28 OF 2013SCIENCE, TECHNOLOGY AND INNOVATION ACT[Date of assent: 14th January, 2013.][Date of commencement : 24th June, 2013,Parts VI and VII: By notice.]An Act of Parliament to facilitate the promotion, co-ordination and regulationof the progress of science, technology and innovation of the country;to assign priority to the development of science, technology andinnovation; to entrench science, technology and innovation into thenational production system and for connected purposes[L.N. 94/2013.]PART 1 – PRELIMINARY1. Short title and commencementThis Act may be cited as the Science, Technology and Innovation Act, 2013,and shall come into force on such date as the Cabinet Secretary may, by noticein the Gazette appoint, and different dates may be appointed for the coming intoforce of different provisions.2. InterpretationIn this Act, except where the context otherwise requires—“acquisition” means the process by which the rights to use, employ andexploit a technology for the purpose of improving or renewing processes,products or services are acquired;“Cabinet Secretary” means the Cabinet Secretary for the time beingresponsible for matters relating to science, technology and innovation;“Commission” means the National Commission for Science, Technologyand Innovation established under section 3;“eminent scientist” means person who has made distinguishedcontributions in the field of science;“Fund” means the National Research Fund established under section 32;“incubation” means the maintenance of enabling environmental conditionsfor the purpose of facilitating the growth or development of infant technologiesideas or industries;“industrial park” means an area designed and zoned for manufacturingand associated activities;“innovation” includes—S4A – 5[Issue 2]

NO. 28 OF2013(a)(b)(c)(d)(e)Science, Technology and Innovationa technovation model, utility model or industrial design within themeaning of the Industrial Property Act, 2001 (Cap. 509);a product, process, service or idea which is novel;an improved use of a new product, service or method in industry,business or society; orindigenous or traditional knowledge by community of beneficialproperties of land, natural resources, including plant and animalresources and the environment;any other non-patentable creations or improvements which maybe deemed as deserving promotion and protection or sui generisintellectual property rights and “innovator” shall be construedaccordingly;“innovation park” means an area designed and zoned for innovation;“institution” means a research institution registered under this Act;“invention” means a new and useful art, process, machine, manufacture orcomposition of matter, living or inanimate, or any invention or discovery whichis or may be patentable or otherwise protectable or any novel variety of plantwhich is or may be protectable;“research system” means research, science, technology or innovation“research institution” means any organization, centre or place whetherpublic or private in which research of any kind is conducted or undertaken byany person, consortium or institute, and which is registered under this Act;“scheduled science” means one of the groups referred to in section 9;“science park” includes a technology park, science fair, and any otherarea designed and zoned for scientific or technological research and relatedactivities;“Secretary” means the Secretary of the Commission appointed undersection 8;“technology” means the application of knowledge to meet the goals, goodsand services for sustainable development;“traditional knowledge” means the wisdom developed over generationsof holistic traditional scientific utilization of the lands, natural resources, andenvironment;“University” has the meaning assigned it under the Universities Act, 2012(No. 42 of 2012).PART II – THE NATIONAL COMMISSION FORSCIENCE, TECHNOLOGY AND INNOVATION3. Establishment of the Commission(1) There is established a Commission to be known as the National Commissionfor Science, Technology and Innovation.(2) The Commission shall be a body corporate with perpetual succession anda common seal and shall, in its corporate name, be capable of(a) suing and being sued;[Issue 2]S4A – 6

Science, Technology and Innovation(b)(c)(d)(e)NO. 28 OF2013taking, purchasing and otherwise acquiring, holding, charging ordisposing of movable or immovable property;borrowing, lending and receiving money;entering into contracts; anddoing or performing all such other things or acts necessary for orincidental to the proper performance of its functions under this Act.(3) The Commission shall be the successor to the National Council forScience and Technology existing immediately before the commencement of thisAct, and subject to this Act, all rights, obligations, assets and liabilities of thatCouncil existing at the commencement of this Act shall be automatically and fullytransferred to the Commission, and any reference to the National Council forScience and Technology shall be deemed to be a reference to the Commissionestablished under subsection (1).4. Objective of the CommissionThe objective of the Commission shall be to regulate and assure quality in thescience, technology and innovation sector and advise the Government in mattersrelated thereto.5. Board of the Commission(1) The Commission shall be governed by a Board which consist of ninepersons appointed by the Cabinet Secretary as follows—(a) the Chairperson, who shall be an eminent scientist in any of thescheduled sciences set out in the Second Schedule;(b) the Principal Secretary in the Ministry for the time being responsiblefor research, science and technology;(c) the Principal Secretary in the Ministry for the time being responsiblefor finance;(d) the Director of the Kenya National Innovation Agency establishedunder section 28;(e) the Director of the National Research Fund established under section32;(f) three persons, appointed by virtue of their knowledge and experiencein science, technology and innovation.(g) one person nominated by the body currently recognised asrepresenting the private section;(h) the Secretary, who shall be an ex officio member and the Secretaryto the Board.(2) The members of the Commission, other than ex officio members, shall holdoffice for a period of three years and shall be eligible for reappointment for onefurther term.(3) The members of the Commission shall be appointed at different times sothat their terms of office expire at different times.S4A – 7[Issue 2]

NO. 28 OF2013Science, Technology and Innovation(4) In appointing members under this section, the Cabinet Secretary shallhave regard to the objectives and need of development of science, technologyand innovation and ensure that there are balanced competencies, gender equity,inclusion of persons with disabilities, the marginalised and other minority groups.(5) A member of the Commission, other than an ex officio member, shall vacateoffice if the member—(a) resigns by notice in writing to the Cabinet Secretary;(b) is unable to perform the functions of the office by reason of prolongedphysical or mental incapacity;(c) is adjudged bankrupt by a court of competent jurisdiction; or(d) is convicted of an offence and sentenced to imprisonment for a periodof six months or more;(e) is guilty of misconduct; or(f) fails to meet the requirements of Chapter Six of the Constitution.(6) Where the office of a member of the Commission becomes vacant, theCabinet Secretary may, subject to the provisions of this Act, appoint another personto fill the vacancy for the remainder of the term of such member.(7) Notwithstanding the generality of the foregoing, the Board shall ensurethat any member suspected to have committed an offence under Chapters Six orThirteen of the Constitution, or any other written law, vacates office to pave wayfor investigations.(8) The chairperson and the members of the Commission under subsection(1)(f) shall be appointed by the Cabinet Secretary only from a list of, in caseof the chairperson, three names, and in case of other members, nine names,submitted by a selection panel appointed by the Cabinet Secretary in accordancewith subsection (8).(9) The selection panel referred to in subsection (8) shall comprise of achairperson and six other persons appointed by the Cabinet Secretary as follows—(a) a representative of the Public Service Commission;(b) a representative of the Attorney-General;(c) a representative of the Principal Secretary of the Ministry for the timebeing responsible for finance;(d) one person to represent the body currently recognised asrepresenting the interests of the private sector;(e) one person to represent research institutions;(f) one person to represent universities.(10) The selection panel shall regulate its own procedure.(11) The selection panel shall advertise for the vacancies and publicize theapplicants and shortlisted candidates in at least two newspapers with a widenational circulation.(12) The selection panel shall stand dissolved after the appointment of themembers of the Commission.[Issue 2]S4A – 8

Science, Technology and InnovationNO. 28 OF2013(13) A person shall be qualified for appointment as a chairperson or memberof the Commission , if the person—(a) in the case of the chairperson—(i) holds a doctorate degree from a university recognised inKenya;(ii) has at least fifteen years’ experience in leadership andmanagement of public or private institutions;(b) in the case of a member of the Commission, holds a Master’s degreefrom a university recognised in Kenya.(14) The chairperson or member of the commission shall be a person of highmoral character and integrity in accordance with Chapter Six of the Constitutionand capable of contribution to science, technology and innovation.(15) All appointments under this section shall be by notice in the Gazette.6. Functions of the Commission(1) The functions of the Commission shall be to—(a) develop, in consultation with stakeholders, the priorities in scientific,technological and innovation activities in Kenya in relation to theeconomic and social policies of the Government, and the country’sinternational commitments;(b) lead inter-agency efforts to implement sound policies and budgets,working in collaboration with the county governments, andorganisations involved in science and technology and innovationwithin Kenya and outside Kenya;(c) advise the national and county governments on the science,technology and innovation policy, including general planning andassessment of the necessary financial resources;(d) liaise with the National Innovation Agency and the National ResearchFund to ensure funding and implementation of prioritized researchprogrammes;(e) ensure co-ordination and co-operation between the various agenciesinvolved in science, technology and innovation;(f) accredit research institutes and approve all Scientific research inKenya;(g) assure relevance and quality of science, technology and innovationprogrammes in research institutes;(h) advise on science education and innovation at both basic andadvanced levels;(i) in consultation with the National Research Fund Trustees, sponsornational scientific and academic conferences it considers appropriate;(j) advise the Government on policies and any issue relating to scientificresearch systems;(k) promote increased awareness, knowledge and information ofresearch system;S4A – 9[Issue 2]

NO. 28 OF2013Science, Technology and Innovation(l)co-ordinate, monitor and evaluate, as appropriate, activities relatingto scientific research and technology development;(m) promote and encourage private sector involvement in scientificresearch and innovation and development;(n) annually, review the progress in scientific research systems andsubmit a report of its findings and recommendations to the CabinetSecretary;(o) promote the adoption and application of scientific and technologicalknowledge and information necessary in attaining nationaldevelopment goals;(p) develop and enforce codes, guidelines and regulations in accordancewith the policy determined under this Act for the governance,management and maintenance of standards and quality in researchsystems; and(q) undertake, or cause to be undertaken, regular inspections, monitoringand evaluation of research institutions to ensure compliance with setstandards and guidelines.(2) In the performance of its functions under this Act, the Commission shallhave powers to—(a) apply for the grant or revocation of patents;(b) institute such action in respect of the patent as it may deemappropriate for the security of the country;(c) acquire from any person the right in, or to, any scientific innovation,invention or patent of strategic importance to the country;(d) collaborate with similar scientific institutions or organizationsoperating outside Kenya; and(e) demand and receive annual reports from research institutions.(3) For avoidance of doubt, only the Commission shall have the powers toperform the functions set out in this section.(4) The First Schedule shall apply with respect to the conduct of the businessand affairs of the Commission.7. Guiding principlesIn the performance of its functions under this Act the Commission and otherimplementing authorities shall be guided by the following principles—(a) the promotion of socio-economic development in line with thecountry’s development agenda;(b) achievement of manpower development and skills acquisition;(c) promotion of knowledge creation, storage and dissemination;(d) development of research, and innovation and the application ofinnovation to development; and(e) contribution to community service.[Issue 2]S4A – 10

Science, Technology and InnovationNO. 28 OF20138. Commission Secretary(1) There shall be a Secretary to the Commission who shall be appointed by theCabinet Secretary on the recommendation of the Commission after a competitiverecruitment process.(2) A person shall be qualified for appointment as a Commission Secretary ifthe person—(a) holds a doctorate degree from a university recognised in Kenya;(b) has at least fifteen years experience in management of public orprivate institutions; and(c) meets the requirements of Chapter Six of the Constitution.(3) The Secretary shall be the chief executive officer of the Commissionand shall be responsible for the day-to-day management of the affairs of theCommission.(4) The Secretary shall hold office for a period of five years renewable for onefurther term.(5) The Commission may employ such other officers and staff as may benecessary for the performance of the functions of the Commission.PART III – ADVISORY RESEARCH COMMITTEES9. Establishment of Advisory Research Committees(1) The Commission may establish Advisory Research Committees for thescheduled sciences set out in the Second Schedule.(2) The members of the committees established under subsection (1) mayinclude persons employed as consultants from outside the Commission.(3) The Cabinet Secretary may, on recommendation of the Commission andfrom time to time by Order in the Gazette amend the Second Schedule.10. Functions of the CommitteesAn Advisory Research Committee shall, within its area of responsibility,undertake the following functions and advise the Commission—(a) analyse and advise the Commission on the programmes andprojects required to implement the priorities arising from the nationalscience, technology and innovation policy and the concomitantbudget requirement arising therefrom;(b) encourage, promote and co-ordinate all types of research;(c) assess and maintain a database of programmes and projects, andany research facilities in use in the country;(d) survey and maintain a database of any programmes and projectsin research systems which may be appropriate to the country beingcarried out outside the country and make recommendations to theCommission; disseminate information on such programmes bothinside and outside Kenya;S4A – 11[Issue 2]

NO. 28 OF2013(e)(f)(g)Science, Technology and Innovationadvise the Commission on such organizational changes, including thecreation of research institutions, as may be required to implement, orto further the efficiency of, the research required in the country;encourage general education in science and technology andinnovation and advise the commission on the sponsorship ofpostgraduate training, and manpower development requirements foreach Scheduled Science; andcarry out such other activities as may further the advancement ofresearch and its application to development.11. Reports of Advisory Research Committees(1) Every Advisory Research Committee shall, at the end of each financial year,compile and submit a report to the Commission giving details of—(a) the activities of the Committee during that year; and(b) the major achievements within its sector.(2) The Third Schedule shall apply with regard to a Advisory ResearchCommittee established under this Part.PART IV – LICENSING OF RESEARCH12. Requirement for licence to undertake research(1) Subject to the provisions of any other law, a person shall not undertakescientific research in Kenya without obtaining a licence under this Act(2) Subsection (1) shall no

to assign priority to the development of science, technology and innovation; to entrench science, technology and innovation into the national production system and for connected purposes [L.N. 94/2013.] PART 1 – PRELIMINARY 1. Short title and commencement This Act may be cited as the Science, Technology and Innovation Act, 2013,

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