KELIN has submitted recommendations to Parliament on the Kenya Intellectual Property Bill, 2026, calling for stronger safeguards to ensure the law promotes innovation while protecting access to affordable medicines.
The Bill, which is currently before Parliament, proposes to consolidate Kenya’s laws on patents, utility models, industrial designs, copyright and related rights, as well as anti-counterfeiting, and establish the Kenya Intellectual Property Authority (“the Authority”) to administer these laws.
KELIN is actively engaging in this law reform process because intellectual property is fundamentally a public health and human rights issue. A balanced intellectual property system plays a critical role in determining the availability, affordability and accessibility of lifesaving medicines and other essential health technologies. While intellectual property protection is important for promoting innovation, it must also safeguard the constitutional right to health and ensure that patent protection does not create unnecessary barriers to access to medicines.
To this end, KELIN submitted a Memorandum to the National Assembly recommending that the Bill expressly introduce a pre-grant patent opposition mechanism. Such a mechanism would enable any person to challenge the validity of a patent application before a patent is granted. This additional layer of scrutiny ensures that only inventions meeting the legal requirements for patent protection are granted patents. From a public health perspective, it also helps prevent the grant of unmerited patents that could unnecessarily delay access to affordable medicines and other essential health technologies. Our submission was grounded on the constitutional principles of transparency, accountability whilst promoting public confidence in a patent system that supports and protects both innovation and the public interest.
KELIN remains committed to advancing evidence-based advocacy to ensure that Kenya’s intellectual property framework fully incorporates TRIPS flexibilities while safeguarding public health and improving access to medicines.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: Twitter: @KELINKenya following the hashtag: #justice2health. For more information, please contact:
Margaret Nyambura
Programme Officer, HIV, TB & KAPs
P. O. Box 112 – 00202 KNH Nairobi,
E-mail: margaretnyambura@kelinkenya.org
Website: www.kelinkenya.org LinkedIn: https://www.linkedin.com/company/kelin-kenya
