Traditional Knowledge Laws: Kenya

Subject Matter of Protection

Section 2 (1) - Interpretation

"folklore" means a literary, musical or artistic work presumed to have been created within Kenya by an unidentified author which has been passed from one generation to another and constitutes a basic element of the traditional cultural heritage of Kenya and includes -
(a) folktales, folk poetry and folk riddles;
(b) folk songs and instrumental folk music;
(c) folk dances and folk plays; and
(d) the production of folk art, in particular drawings, paintings, sculptures, pottery, woodwork, metalware, jewellery, handicrafts, costumes and indigenous textiles.

Scope of Protection

Section 20 - Use of folklore

(2) Any person who wishes to use any folklore for commercial purposes shall submit his application to the Board on Form No. CR 20, accompanied with the fees set out in the Second Schedule
(3) Any person who uses folklore for commercial purposes in Kenya without the permission of the Board commits an offence.
(4) Any person who –
      (a) willfully misrepresents the source of an expression of folklore; or
      (b) willfully distorts any expression of folklore in a manner prejudicial to the honour, dignity or cultural interests of the community in which it originates, commits an offence.