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Protection of Traditional Knowledge and Cultural Expressions No. 33
(i)
the unauthorized traditional
knowledge or cultural expressions that is the
subject of the offence;
the source of
(ii) the identity of the persons involved in the
importation, exportation, manufacture,
production or making of those unauthorized
traditional knowledge or cultural
expressions;
(iii) the identity and the addresses or whereabouts
of the persons involved in the distribution of
the traditional knowledge or cultural
expressions; and
(iv) the
channels for the distribution of those
traditional knowledge or cultural expressions.
(12) Where an offence under this Act is committed by
a body corporate and there is proof that the offence was
committed with the consent or connivance of, or is
attributable to, negligence on the part of any director,
manager, secretary or other similar officer of the body
corporate, or any person who was purporting to act in any
such capacity, both the responsible person and the body
corporate commit an offence.
(13) A citizen of Kenya, or a person who permanently
resides in Kenya, who commits an act outside Kenya that
constitutes an offence under this Act if committed in Kenya,
commits such an offence and is liable on conviction to the
same penalty prescribed for such offence under this Act.
(14) Despite subsection (13) a person may not be
of an offence under subsection (I2) if such a
convicted
person has been acquitted or convicted in the country where
that offence was committed.
38. (1) The holders of traditional
knowledge and
proceedings
cultural expressions may institute legal
in a
court of competent jurisdiction seeking any action provided
in section 39 against any person who carries out any of the
acts mentioned in section 18, without the holder's prior
informed consent.
(2) Where a person-
(a) makes a
non-customary use of traditional
knowledge or cultural expression whether or not
civilaction