Science, Technology and Innovation Act

Section 1. Short title Section This Act may be cited as the Science, Technology and Innovation Act.

Section 2. Interpretation Section a technovation model, utility model or industrial design within the meaning of the Industrial Property Act (Cap. 509);

Section 3. Establishment of the Commission Section 3(1) There is established a Commission to be known as the National Commission for Science, Technology and Innovation. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing and otherwise acquiring, holding, charging or disposing of movable or immovable property; Section 3(2)(c) borrowing, lending and receiving money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all such other things or acts necessary for or incidental to the proper performance of its functions under this Act. Section 3(3) The Commission shall be the successor to the National Council for Science and Technology existing immediately before the commencement of this Act, and subject to this Act, all rights, obligations, assets and liabilities of that Council existing at the commencement of this Act shall be automatically and fully transferred to the Commission, and any reference to the National Council for Science and Technology shall be deemed to be a reference to the Commission established under subsection (1).

Section 4. Objective of the Commission Section The objective of the Commission shall be to regulate and assure quality in the science, technology and innovation sector and advise the Government in matters related thereto.

Section 5. Board of the Commission Section 5(1)(a) the Chairperson, who shall be an eminent scientist in any of the scheduled sciences set out in the Second Schedule; Section 5(1)(b) the Principal Secretary in the Ministry for the time being responsible for research, science and technology; Section 5(1)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 5(1)(d) the Director of the Kenya National Innovation Agency established under section 28 ; Section 5(1)(e) the Director of the National Research Fund established under section 32 ; Section 5(1)(f) three persons, appointed by virtue of their knowledge and experience in science, technology and innovation; Section 5(1)(g) one person nominated by the body currently recognised as representing the private section; Section 5(1)(h) the Director-General, who shall be an ex officio member and the Secretary to the Board. Section 5(2) The members of the Commission, other than ex officio members, shall hold office for a period of three years and shall be eligible for reappointment for one further term. Section 5(3) The members of the Commission shall be appointed at different times so that their terms...

Section 6. Functions of the Commission Section 6(1)(a) develop, in consultation with stakeholders, the priorities in scientific, technological and innovation activities in Kenya in relation to the economic and social policies of the Government, and the country's international commitments; Section 6(1)(b) lead inter-agency efforts to implement sound policies and budgets, working in collaboration with the county governments, and organisations involved in science and technology and innovation within Kenya and outside Kenya; Section 6(1)(c) advise the national and county governments on the science, technology and innovation policy, including general planning and assessment of the necessary financial resources; Section 6(1)(d) liaise with the National Innovation Agency and the National Research Fund to ensure funding and implementation of prioritized research programmes; Section 6(1)(e) ensure co-ordination and co-operation between the various agencies involved in science, technology and innovation; Section 6(1)(f) accredit research institutes and approve all Scientific research in Kenya; Section 6(1)(g) assure relevance and quality of science, technology and innovation programmes in re...

Section 7. Guiding principles Section the promotion of socio-economic development in line with the country's development agenda;

Section 8. Commission Director-General Section 8(1) There shall be a Director-General of the Commission who shall be appointed by the Cabinet Secretary on the recommendation of the Commission after a competitive recruitment process. Section 8(2)(a) holds a doctorate degree from a university recognised in Kenya; Section 8(2)(b) has at least fifteen years experience in management of public or private institutions; and Section 8(2)(c) meets the requirements of Chapter Six of the Constitution. Section 8(3) The Director-General shall be the chief executive officer of the Commission and shall be responsible for the day-to-day management of the affairs of the Commission. Section 8(4) The Director-General shall hold office for a period of five years renewable for one further term. Section 8(5) The Commission may employ such other officers and staff as may be necessary for the performance of the functions of the Commission. [Act No. 18 of 2014 , Sch.]

Section 9. Establishment of Advisory Research Committees Section 9(1) The Commission may establish Advisory Research Committees for the scheduled sciences set out in the Second Schedule. Section 9(2) The members of the committees established under subsection (1) may include persons employed as consultants from outside the Commission. Section 9(3) The Cabinet Secretary may, on recommendation of the Commission and from time to time by Order in the Gazette amend the Second Schedule.

Section 10. Functions of the Committees Section analyse and advise the Commission on the programmes and projects required to implement the priorities arising from the national science, technology and innovation policy and the concomitant budget requirement arising therefrom;

Section 11. Reports of Advisory Research Committees Section 11(1)(a) the activities of the Committee during that year; and Section 11(1)(b) the major achievements within its sector. Section 11(2) The Third Schedule shall apply with regard to a Advisory Research Committee established under this Part.

Section 12. Requirement for licence to undertake research Section 12(1) Subject to the provisions of any other law, a person shall not undertake scientific research in Kenya without obtaining a licence under this Act. Section 12(2) Subsection (1) shall not apply to a person conducting scientific research within a university or an academic research institution programme. Section 12(3) Any person undertaking or intending to undertake research in science and technology in the country, or who accesses, handles, or transfers any material or technology or moves it within, from or into the country, shall apply to the Commission for the grant of a licence in accordance with this Act. Section 12(4) Notwithstanding the generality of subsection (2), the Cabinet Secretary may, on recommendation of the Commission, by notice in the Gazette , exempt any research from the requirements of subsection (1). Section 12(5)(a) may adversely affect the culture of any community in Kenya; Section 12(5)(b) may adversely affect the environment; Section 12(5)(c) may result in the exploitation of intellectual property rights of communities to their traditional knowledge. Section 12(5)(d) may, in the view of the...

Section 13. Grant of licence Section 13(1) The Commission shall, upon receipt of an application under section 12 , evaluate the application, and if satisfied that the conduct of the research is beneficial to the country, and, that the research shall not adversely affect any aspect of the nature, environment or the security of the country, issue to the applicant a licence in the prescribed form. Section 13(2) The licence issued under this section shall be under the seal of the Commission and shall indicate the commencement and expiry date: Provided that a holder of a licence may apply for the extension of the licence period on proof that the completion of the research was delayed for a justifiable cause, and such extension shall not be withheld unreasonably. Section 13(3) The Commission shall keep a register of all persons granted licence under this Part, which register shall be available for public inspection during normal working hours free of charge.

Section 14. Procedures, standards, ethics and guidelines Section Any person issued with a licence pursuant to this Part shall adhere to such procedures, standards, code of ethics and guidelines as may be prescribed by regulations made under this Act.

Section 15. Offences Section 15(1)(a) accesses, handles, transacts, transfers or moves any specified technology or any material necessary for scientific research within, into or from Kenya without a licence issued under this Act; or Section 15(1)(b) contravenes the provisions of section 12 , Section 15(2) The Court convicting a person under subsection (1) may in addition to any penalty imposed thereunder, order the confiscation of the materials in respect of which the offence is committed, and may bar the person so convicted from undertaking any further research in the country or transferring or moving any substance or material in or out of the country. Section 15(3)(a) the Industrial Property Act (Cap. 509); Section 15(3)(b) the Seeds and Plant Varieties Act ( Cap. 326 ); Section 15(3)(c) the Wildlife (Conservation and Management) Act (Cap. 376); Section 15(3)(d) the relevant customs law; Section 15(3)(e) the Biosafety Act (Cap. 320);

Section 40. Museum of Science and Technology Section The National Museums of Kenya may, on the recommendation of the Cabinet Secretary, by notice in the Gazette , establish a museum of science and technology.

Section 41. Common seal Section The Common seal of the Commission shall be kept in the custody of the Director-General and used in the manner the Commission shall direct. [Act No. 18 of 2014 , Sch.]

Section 42. Disclosure of interest Section Where a member of a body set up under this Act is directly or indirectly interested in any contract or other matter before that body and is present at a meeting at which the contract or such other matter is the subject of discussion, the person shall disclose the nature of the interest at the meeting as soon as reasonably practicable after the commencement thereof and shall, in addition to any other appropriate action, not take part in the discussion or voting on the contract or such matter.

Section 43. Protection from personal liability Section 43(1) No matter or thing done by a member, officer, employee or agent of the Commission shall, if the matter or thing is done bona fide while executing the functions, powers or duties assigned by the Commission, render the member, officer, employee or agent liable to any action, claim or demand whatsoever. Section 43(2) The provisions of subsection (1) shall not relieve the Commission of any liability to pay compensation or damages to any person for an injury to the person or property or any the interests of any person adversely affected by the exercise of the powers conferred by the body in accordance with this Act or any other written law or by failure, whether wholly or partially or any works.

Section 44. General penalties Section Any person who commits an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Section 45. Regulations Section 45(1) The Cabinet Secretary may make Regulations for the better carrying out of the provisions of this Act. Section 45(2)(a) standards, guidelines and codes to ensure and maintain standards and ethics in research; Section 45(2)(b) the forms to be used in connection with the issuance of licences under this Act; Section 45(2)(c) the manner and form of the registers to be kept; and Section 45(2)(d) any other matter for the better carrying into effect of the provisions of this Act.

Section 16. Establishment of research institutions Section 16(1) The Cabinet Secretary may, on the recommendation of the Commission, by notice in the Gazette establish a research institute and grant a Certificate of Registration in accordance with the provisions of this Act. Section 16(2) Notwithstanding subsection (1), the research institutes set out in the Fourth Schedule and any other research institute established under any other law shall be deemed to be established under this section. Section 16(3)(a) that the institute to which it relates shall have corporate personality; Section 16(3)(b) the duties, powers and functions of the institute; Section 16(3)(c) the manner in which the institute shall be governed; and Section 16(3)(d) such other matters with respect to the conduct and management of the institute, as the Cabinet Secretary may find it necessary or desirable to provide for.

Section 17. Application to the Commission to establish research institutes Section 17(1) A person intending to establish a research institution in Kenya shall make an application to the Commission in the prescribed manner for the grant of a Certificate of Registration. Section 17(2) In the case of a public research institution, the Cabinet Secretary for the time being responsible for the scheduled science within which the proposed institution lies shall cause an application to be made under this section. Section 17(3)(a) the scheduled science within which the institution lies; Section 17(3)(b) the governance structure of the proposed institution; Section 17(3)(c) any intended affiliations, centers or branches of the institution; Section 17(3)(d) the functions of the institution in addition to such functions as may be set out under this Act; and Section 17(3)(e) any other matter which the Commission may from time to time prescribe. Section 17(4)(a) record the application; Section 17(4)(b) assess the application against criteria specified under this Act; and Section 17(4)(c) notify the applicant in writing of the preliminary decision of the Commission.

Section 18. Commission to examine application Section 18(1)(a) examine the documentation submitted and other relevant information available in respect of that application; Section 18(1)(b) evaluate and assess the quality of facilities available or intended for use in respect of the proposed institution; and Section 18(1)(c) prepare detailed comments, including any comments for improvements, to the facilities and advise the applicant accordingly. Section 18(2) Where the Commission is satisfied that the application is in accordance with the provisions of this Act and that it meets the standards set out by the Commission, it shall submit a report and its recommendation to the Cabinet Secretary. Section 18(3) The Cabinet Secretary shall consider a report submitted in accordance with subsection (2) and, if satisfied that the establishment of the proposed institution may be of benefit to the country, establish the institution by grant of a Certificate of Registration. Section 18(4) The Cabinet Secretary shall by a notice in the Gazette give notice of the registration and mandate of an institute granted a Certificate of Registration.

Section 19. Effect of registration Section A research institute established in accordance with this Part shall be a body corporate with perpetual succession and shall have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for its own purposes.

Section 20. Appeal against decision of Commission Section Any person aggrieved by the decision of the Commission under this Part may, within sixty days of receiving the notification thereof, appeal to the Cabinet Secretary or to any other authority appointed by the Cabinet Secretary in that behalf.

Section 21. Offence to establish or operate research institutes without authority Section 21(1) Any person who establishes or operates a research institute without obtaining a Certificate of Registration commits an offence under this Act and shall be liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term of not exceeding than two years or to both. Section 21(2) Any property, equipment, material or other facilities used in a research institution in contravention of this Act shall be liable to be confiscated by the Commission and disposed of in the manner deemed appropriate by the Commission.

Section 22. Maintenance of ethics and standards Section 22(1) A research institution established under the provisions of this Act shall maintain the standards and ensure compliance with the code of conduct or other regulations prescribed by the Commission. Section 22(2)(a) by notice in writing requiring the institution to remedy the breach; or Section 22(2)(b) closing the institution.

Section 23. External monitoring and evaluation Section 23(1) The Commission shall at least once in every three years, conduct an evaluation of each research institute established under this Act for purposes of assessing and evaluating the quality of activities and products of such an institution. Section 23(2) The Commission may appoint a suitably qualified person or body to act as its agent for purposes of subsection (1). Section 23(3) In undertaking monitoring and evaluation under subsection (1), the Commission shall have the power to inquire into the programmes, management or any other relevant matter concerning the institution, and may interview any employee, call for or impound, examine and review any documents, reports or information held or kept by the institute, and access any facilities affiliated to the institution, or utilise such methods or modalities of monitoring and evaluation as may be prescribed under this Act. Section 23(4) An officer or employee of research institution which is the subject to the process of monitoring and evaluation under this section shall supply such documents, reports or information as the Commission or its agent may request. Section 23(5) The...

Section 24. Notice to rectify and sanctions Section 24(1) The Commission, may after evaluation of an institution under this Act, by notice in writing require the research institutions which is the subject of the evaluation to comply with such standard or such instruction as the Commission may specify within a prescribed time and in a prescribed manner. Section 24(2) If any institution fails to comply with a notice served under subsection (1) the Commission may recommend to the Cabinet Secretary that such institution be closed either permanently or until compliance.

Section 25. Rights of Institutes to research findings and discoveries Section 25(1) All rights in any discoveries, inventions and improvements in respect of processes, products, apparatus and machines made on behalf of an institution shall vest in the institution but may be made available for use in the public interest. Section 25(2) Any publication arising from research work carried out by a researcher for or on behalf of an institution shall be subject to approval by that institute. [Act No. 18 of 2014 , Sch.]

Section 26. Storage and dissemination of research findings Section Research, findings and information regarding research systems shall be stored or disseminated, utilised or applied in such a manner as may be prescribed by the Commission from time to time.

Section 27. Power to establish committees Section The Commission may set up committees or affiliations with research institutions or such other bodies as it may deem appropriate for the better carrying out of its functions under this Act.

Section 28. Establishment of the Agency Section 28(1) There is established an agency to be known as the Kenya National Innovation Agency. Section 28(2)(a) suing and being sued; Section 28(2)(b) purchasing, holding and disposing of movable and immovable property; and Section 28(2)(c) doing all such other things as may be done by a body corporate. Section 28(3)(a) a chairperson, being a person with knowledge and experience in matters related to science, technology or innovation; Section 28(3)(b) the Principal Secretary in the Ministry for the time being responsible for matters related to research, science and technology; Section 28(3)(c) the Commission Secretary; Section 28(3)(d) the Director of the National Research Fund; Section 28(3)(e) four persons appointed by virtue of their knowledge and experience in science, technology and innovation; and Section 28(3)(f) one person nominated by the body currently responsible for linking the industry with institutions for higher learning. Section 28(4) The Director of the Agency shall be the Secretary to the Board of the Agency. Section 28(5) The provisions relating to the appointment of members of the Commission set out in section 5 shall a...

Section 29. Functions of the Agency Section 29(1)(a) institutionalise linkages between universities, research institutions, the private sector, the Government, and other actors in that System; Section 29(1)(b) cause the creation of science and innovation parks, institutes or schools or designate existing institutions as centres of excellence in priority sectors; Section 29(1)(c) develop and continuously benchmark national innovation standards based on international best practices; Section 29(1)(d) scout for and nurture innovative ideas from individuals, training institutions, the private sector and similar institutions; Section 29(1)(e) establish and regularly update a database on innovation in collaboration with other relevant institutions; Section 29(1)(f) monitor, forecast and maintain a database of the latest and future global technology; Section 29(1)(g) increase awareness of intellectual property rights among innovators; Section 29(1)(h) ensure the inclusion of science, technology and innovation in the country's programs and policies at all levels; Section 29(1)(i) establish and maintain a Presidential or other award system for novel innovations, subject to prescribed conditi...

Section 30. Director of the Agency Section 30(1) There shall be a Director of the Agency who shall be employed by the Agency through a competitive process on such terms and conditions as the Agency may, with the advice of the Salaries and Remuneration Commission, determine. Section 30(2) The Director of the Agency shall be the chief executive officer of the Agency and responsible to the Board of the Agency for the day-to-day running of the affairs of the Agency. Section 30(3) The Board of the Agency may employ such other staff as may be necessary for the performance of the functions of the Agency.

Section 31. Funds of the Agency Section 31(1)(a) monies provided by Parliament; Section 31(1)(b) such monies or assets as may accrue to the Agency in the course of the performance of its functions under this Act; Section 31(1)(c) all monies from any other source provided, donated or lent to the Agency. Section 31(2) The financial provisions set out in Part VIII of this Act shall apply mutatis mutandis to the Agency.

Section 32. Establishment of Fund Section 32(1) There is established a Fund to be known as the National Research Fund. Section 32(2)(a) a sum of money amounting to two percent of the country's gross domestic product, provided by the Treasury every financial year; Section 32(2)(b) such sums of money as may be specifically designated for the Fund by Parliament; and Section 32(2)(c) such other sums of money as may be received in the form of donations, endowments, grants or gifts from whatever source designated for the Fund; Section 32(2)(d) such other sums of money levied on for licences for research. Section 32(3) Any donations made to the Fund under subsection (2)(c) shall where the income is derived from Kenya, be zero-rated. Section 32(4)(a) a chairperson, being a person with knowledge and experience in matters related to finance, investment and fundraising; Section 32(4)(b) the Principal Secretary in the Ministry responsible for finance; Section 32(4)(c) the Principal Secretary in the Ministry responsible for science and technology; Section 32(4)(d) one person nominated by the Kenya Private Sector Alliance; Section 32(4)(e) two persons with knowledge and experience in finance and...

Section 33. Objects of the Fund Section 33(1) The object of the Fund shall be to facilitate research for the advancement of science, technology and innovation. Section 33(2)(a) the award of contracts, grants, scholarships or bursaries or any other award determined by the Commission to persons or institutions; Section 33(2)(b) financial support for the acquisition or establishment of research facilities; Section 33(2)(c) the development of appropriate human resources and research capacity in the areas of science technology and innovation; Section 33(2)(d) financing research systems in all sectors and all levels of education; Section 33(2)(e) funding the co-operation and sharing of research information and knowledge, including supporting conferences, workshops, seminars, meetings and other symposia. Section 33(3) The Board of Trustees shall compile and maintain a national database of research and innovations financed out of the Fund and undertake any other function assigned by the Government through the Commission.

Section 34. Director and staff of the Fund Section 34(1) There shall be a Director of the Fund. Section 34(2) The provisions relating to the appointment of the Secretary of the Commission set out in section 8 shall apply mutatis mutandis to the appointment of the Director of the Fund. Section 34(3) The provisions relating to the appointment of staff of the Commission set out in section 8 shall apply mutatis mutandis to the appointment of staff of the Fund.

Section 35. Provisions relating to the Fund Section The financial provisions set out in Part VII of this Act shall apply mutatis mutandis to the Fund.

Section 36. Functions of the Board of Trustees Section 36(1)(a) mobilize resources for the Kenya National Innovation Agency from the Government, the private sector, venture capital, development partners and other sources; Section 36(1)(b) prudently manage and invest the funds so mobilized; Section 36(1)(c) support the development of human resources through grants to persons or research institutions or universities pursuing postgraduate programs in prioritized areas of science, technology and innovation with priority being given to marginalised indigent communities; Section 36(1)(d) support the development of research capacities in the national priority areas of science, technology and innovation; Section 36(1)(e) allocate funds for research and promote multi-disciplinary collaboration among Universities and research institutions, including the innovation delivery agencies established under section 29 ; Section 36(1)(f) evaluate the needs, status and results of research financed through the Fund; Section 36(1)(g) provide financial support for the development of research facilities by universities, research institutions and other bodies identified by the Commission; Section 36(1)(h)...

Section 37. Funds of the Commission Section fees and charges for services rendered;

Section 38. Financial year Section The financial year of the Commission, the Agency and the Fund shall be the period of twelve months ending on the thirtieth day of June in each year.

Section 39. Annual estimates Section 39(1) At least three months before the commencement of each financial year, the respective Boards shall each cause to be prepared estimates of the revenue and expenditure of the Commission, the Agency and the Fund for that year. Section 39(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Commission, the Agency and the Fund; Section 39(2)(b) the proper maintenance of the buildings and grounds of the Commission, the Agency and the Fund; Section 39(2)(c) the maintenance, repair and replacements of the equipment of the Commission, the Agency and the fund. Section 39(3) Each body shall cause to be kept all proper books of accounts of the income and expenditure and assets. Section 39(4)(a) the statement of income and expenditure during that year; and Section 39(4)(b) a statement of assets and liabilities of each body on the last day of that year. Section 39(5) The accounts of each body shall be audited and reported upon by the Auditor General in accordance with the Public Audit Act (Cap. 412B) and any other law relating to the management of public finances.

Section 53. Research Institutes under the former Act Section The research institutes set out in the Fourth Schedule which were established under the repealed Act shall continue to operate as if they had been accredited under this Act and shall forthwith each be issued with a Certificate of Registration by the Commission.

Section 54. Act to prevail Section Where any conflict arises between the provisions of this Act and the provisions of any other written law in relation to accreditation, co-ordination of research institutions or any function of the Commission, the provisions of this Act shall prevail.