Science, Technology and Innovation Act

This Act may be cited as the Science, Technology and Innovation Act.

Defines 'a technovation model, utility model or industrial design' as being within the meaning of the Industrial Property Act (Cap. 509).

Establishes the National Commission for Science, Technology and Innovation, gives it powers such as suing and being sued, acquiring property, borrowing and lending money, entering contracts, and performing acts incidental to its functions; and makes it the successor to the former National Council for Science and Technology with transfer of that Council's rights, obligations, assets and liabilities, subject to this Act.

The Commission must regulate and assure quality in the science, technology and innovation sector and must advise the Government on related matters.

Section 5 sets out the composition of the Commission and appointment procedures: the Cabinet Secretary appoints the chairperson and members (including appointment from lists submitted by a selection panel), members (other than ex officio) serve three-year terms and may be reappointed once, the Cabinet Secretary may fill vacancies, and the Director-General is an ex officio member and Secretary to the Board.

Section 6 lists the Commission's functions, assigning the Commission duties such as developing research priorities, coordinating agencies, advising national and county governments, accrediting research institutes, monitoring and evaluation, promoting private sector involvement, and setting standards; it also grants the Commission powers including patent-related actions, acquiring rights, collaborating internationally, and requiring annual reports.

States a guiding principle promoting socio-economic development in line with the country's development agenda.

Sets the office of Director-General of the Commission, requires appointment by the Cabinet Secretary on the Commission's recommendation after competitive recruitment, defines the Director-General as chief executive responsible for day-to-day management, sets a five-year term renewable once, and allows the Commission to employ necessary staff.

The Committees must analyse and advise the Commission on programmes and projects needed to implement priorities from the national science, technology and innovation policy and the related budget requirement.

Reports must include the activities of the Committee during that year.

The Commission may establish Advisory Research Committees; committee members may include outside consultants; the Cabinet Secretary may amend the Second Schedule by Order in the Gazette on the Commission's recommendation.

Research in Kenya requires a licence; certain university research is exempt; those undertaking or handling materials must apply to the Commission; the Cabinet Secretary may exempt research on recommendation.

The Commission must evaluate licence applications under section 12 and, if satisfied the research is beneficial and not harmful to nature, environment or security, issue a licence; licence-holders may apply to extend the licence on proof of justified delay; the Commission must keep a public register of licence-holders.

Licensed persons must follow the procedures, standards, code of ethics and guidelines prescribed by regulations under this Act.

Accessing, handling, transacting, transferring or moving specified technology or materials necessary for scientific research within, into or from Kenya without a licence, or contravening section 12, are offences; the Court convicting a person under subsection (1) may order confiscation of materials and may bar the convicted person from further research or moving substances in or out of the country.

The National Museums of Kenya may establish a museum of science and technology.

The Commission's common seal must be kept in the custody of the Director-General and used in the manner the Commission directs.

If a member of a body established under the Act has a direct or indirect interest in a contract or other matter and is present when it is discussed, the member must disclose the nature of the interest at the meeting as soon as reasonably practicable after the meeting starts and must not take part in the discussion or voting on that matter.

Members, officers, employees and agents of the Commission are not personally liable for actions done bona fide in executing Commission functions, but the Commission remains liable to pay compensation or damages to persons harmed by its exercise of powers or failures.

If a person commits an offence under this Act for which no other penalty is provided, they are liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both.

The Cabinet Secretary may make regulations to better carry out this Act.

The Cabinet Secretary may, on the recommendation of the Commission and by Gazette notice, establish a research institute and grant a Certificate of Registration.

Persons intending to establish a research institution in Kenya must apply to the Commission for a Certificate of Registration; for public research institutions the responsible Cabinet Secretary must cause an application to be made; the Commission must record, assess and notify applicants of its preliminary decision.

The Commission must examine application documents, assess facilities, and prepare comments to advise the applicant; if satisfied it shall submit a report and recommendation to the Cabinet Secretary; the Cabinet Secretary shall consider the report and may establish the institution by grant of a Certificate of Registration and must publish notice of the registration and mandate in the Gazette.

A research institute established under this Part is a body corporate with perpetual succession and has the power to sue, be sued, and to acquire, hold and dispose of movable and immovable property for its own purposes.

A person aggrieved by the Commission's decision may appeal to the Cabinet Secretary or an authority the Cabinet Secretary appoints within sixty days of receiving notification.

It is an offence for any person to establish or operate a research institute without a Certificate of Registration; on conviction they face a fine of up to one million shillings, imprisonment of up to two years, or both.

Research institutions established under this Act must maintain standards and comply with the code of conduct or other regulations prescribed by the Commission.

The Commission must evaluate each research institute at least once every three years; it may appoint agents, has powers to inspect and access materials and facilities, research-institute staff must supply requested documents, the Commission must report to the Cabinet Secretary and may take further action, and the institution bears evaluation costs.

The Commission may require a researched institution, after evaluation and by written notice, to comply with specified standards or instructions within a prescribed time and manner; if the institution fails to comply the Commission may recommend to the Cabinet Secretary that the institution be closed permanently or until compliance.

Rights in discoveries made on behalf of an institution belong to that institution, which may allow public use; publications from research require approval by the institute.

Research findings and related information must be stored, disseminated, utilised or applied in a manner prescribed by the Commission from time to time.

The Commission may set up committees or affiliations with research institutions or other bodies to help carry out its functions under the Act.

Establishes the Kenya National Innovation Agency, lists its corporate capacities and board membership, and makes the Agency's Director the Board Secretary.

Section 29 lists specific functions the Kenya National Innovation Agency (the Agency) may perform, including creating innovation parks, developing standards, maintaining databases, promoting intellectual property awareness, supporting innovators financially, acquiring or assigning innovation rights, facilitating patents, and providing incubators.

The Agency must employ a Director through a competitive process; the Director is the chief executive responsible to the Board; the Board may employ other necessary staff.

The Agency is entitled to monies from Parliament, monies or assets accrued in performing its functions, and monies from other sources; the financial provisions in Part VIII apply mutatis mutandis to the Agency.

Establishes the National Research Fund and specifies funding sources including two percent of GDP provided by the Treasury each financial year, parliamentary designated sums, donations and licence levies; sets Board composition and a Cabinet Secretary selection-panel appointment process to produce a shortlist of not more than nine names.

The Fund's object is to facilitate research to advance science, technology and innovation and to support that objective through awards, facility support, human resource development, financing research systems, and funding cooperation; the Board of Trustees must compile and maintain a national database of research and innovations financed by the Fund and perform functions assigned by the Government through the Commission.

Creates a Director of the Fund and applies the appointment provisions in section 8 mutatis mutandis to the appointment of the Director and to staff of the Fund.

The financial provisions set out in Part VII of this Act 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)

Funds of the Commission consist of fees and charges for services rendered.

The Commission, the Agency and the Fund have a financial year of twelve months ending on 30 June each year.

The respective Boards must prepare annual estimates of revenue and expenditure at least three months before each financial year.

Institutes listed in the Fourth Schedule that were established under the repealed Act continue to operate as if accredited under this Act and shall each be issued a Certificate of Registration by the Commission forthwith.

If there is any conflict between this Act and any other written law regarding accreditation, coordination of research institutions, or any function of the Commission, the provisions of this Act prevail.