Environmental Management and Co-ordination (Access to Biological Resources and Benefit Sharing) (No. 2) Regulations, Legal Notice no. 68 of 2025.

These Regulations, made under section 147 of the Environmental Management and Co-ordination Act, provide mechanisms to protect and prevent exploitation of endangered and threatened plant and animal species; concerns the fair and equitable sharing of benefits arising from the utilisation of biological resources; provide for the consultation of local communities and other stakeholders in the process of accessing biological resources for research, bio trade, commercial and other purposes; safeguard access to biological resources, associated with traditional knowledge held by local communities in conservation of biological resources. The Regulations apply to: conservation of all biological resources in Kenya; access to genetic resources in Kenya and the fair and equitable sharing of benefits derived from their utilisation; approved research and activities related to biological resources and biological resources with associated traditional knowledge; commercialisation and trade in biological resources; any digital sequence information relating to Kenya biological resources.
The Regulations, divided into six parts, defines the following relevant terms: access to biological resources; access permit; biological resources and genetic resources; bio-survey and bio-utilisation; community management; endangered species; inventory; natural environment system; Prior Informed Consent (PIC); sustainable use; threatened species; traditional knowledge. Further matters covered by these Regulations include the following: establishment of a Competent National Authority; environmental impact assessment licence for any activity related to conservation of biological diversity; conservation of threatened species; inventory of biological diversity; biodiversity measures involving indigenous and local communities; application for access permit and access right; prior informed consent; material transfer agreements; benefit sharing contracts; material transfer agreements; offences and penalties.