668
No.
33
Protec'tion of Traditional Knot,'ledge and Cultural
Expressiorts
circulation stating the website and other public information
centres provided in sections 95 and 1 19 of the County
Governments Act, 2012, where the interested persons may
obtain a copy of the application.
2016
N.17o12012
31. (1) Where a county government is satisfied that i.:-'l:lll"
ownershrp
there is no owner o, ugra"a"it about ownership and no
owner can be identified, the county government shall refer
the matter to the national government for determination.
(2) Where the national government determines that
there is no owner and the county of origin is known, the
county government shall hold the rights to the traditional
knowledge or cultural expressions on behalf of the owners.
(3) Where the national government determines that
there is no owner and the county of origin is known, the
county government shall hold the rights to the traditional
knowledge or cultural expressions on behalf of the people of
that county.
(4) Where the national government determines that the
county of origin is not known, the national government shall
hold the rights to the traditional knowledge or cultural
expressions on behalf of the people of the people of Kenya.
(5) Where the national or county government holds the
rights under subsection (2) and (3), the governments may
enter into an authorized user agreement for use and any
monetary or non-monetary benefits arising under the
agreement for the promotion, maintenance and improvement
of the traditional knowledge and cultural expressions.
32. (l)The owners shall consider a user
application and determine whether
(a)
(b)
to-
agreement
Authorized user
agreements
reject the application; or
accept the application and enter into negotiations
for a written authorized user agreement in relation
to the application within a specified period of
sixty days.
(2) The holders shall inform the national government
and the county government, in writing, of their decision and
the Authority shall inform the applicant of the holders'
decision, in writing.
33. (1) The owners of traditional knowledge or
cultural expressions shall, before entering into an authorized
userasreements'