Law, Science, Technology &
Innovation (STI) and R&D
1. Law as a Foundation for Innovation
• Constitution embeds STI within national
values.
– STI Act establishes NACOSTI & KENIA.
– Innovation depends on IP, governance, tech
transfer (Sihanya).
2. Law as Guardian Against Harm
• Biosafety Act regulates GMO research.
– Digital technologies governed by Data Protection
Act & Cybercrimes Act.
– Environmental regulation through EMCA & EIA
processes.
Biotechnology & Biosafety Regulation
• Smart biosafety requires transparency &
public trust.
– Regulation shapes what society considers
acceptable innovation.
Digital Technologies Regulation
• Data Protection Act governs privacy &
consent.
– Huduma Namba case shows constitutional
safeguards in digital rollouts.
Environmental & Resource Technologies
• Environmental innovation shaped by rights to
land & water.
– Regulation influences infrastructure, energy, and
climate technologies.
3. Law as Mediator of Public Interest
• Public participation is central to STI legitimacy.
– Breast-milk Substitutes Bill demonstrates
competing claims of science, commerce & rights.
4. Core Principles Emerging
• Responsible innovation grounded in
constitutional values.
– Adaptive, evolving regulation.
– Equitable tech transfer.
– Public participation & accountability.
Law and R&D
• Background
– R&D is the engine that powers the innovation ecosystem.
Sihanya posits that “for any modern industry to grow there
has to be R&D” in addition or alternative to transfer of
technology from other more developed nations or sectors.
– Innovation is four-pronged: technological, cultural,
institutional and commercial.
– R&D can be defined as “creative and systematic work
undertaken in order to increase the stock of knowledge -
including knowledge of humankind, culture and society -
and to devise new applications of available knowledge.”
Law and R&D
• Interfaces Between Law and R&D
– Permission to Conduct Research – Sections 18-19 of the Biosafety Act
– Regulation of the Research Process – Section 58 of EMCA
– Law Can Constrain R&D
• Kingiri and Ayele (2009)
• Fragmentation in regulation - plant-based biotech R&D must also comply
with the Plant Protection Act enforced by KEPHIS
• Smart biosafety
– R&D Inputs and Outputs
• Torori, Mumma and Field-Juma
• Equitable sharing of R&D results
– Worth noting – Shift where R&D is moving from a public good to a
private enterprise
Conclusion
• Law enables and constrains STI & R&D.
– Balance needed: safety, innovation, equity.
– Law shapes the direction and meaning of
progress.