Level of Access and Benefit Sharing with Respect to Indigenous Medicinal Knowledge in Baringo County, Kenya

Abstract

This study assessed the level of Access and Benefit Sharing (ABS) with respect to indigenous medicinal knowledge (IMK) in Baringo County, Kenya. This study was grounded on two theories; Legal pluralism and Equitable benefit sharing/distributive justice theory. This study adopted an exploratory research design. The study employed the use of both primary and secondary sources of data collection. Primary data was gathered through Key Informant Interviews (KII) while secondary data was obtained through documentary reviews. The target population for this study comprised traditional healers, elders, local community, county government officials, and representatives from relevant institutions and organizations that are involved in ABS and the implementation of the Nagoya Protocol. This study targeted a total of 50 respondents. Qualitative data was analyzed through thematic content analysis, which involved transcription, coding, and categorization of the interview data. The patterns and themes that emerged in relation to the status of domestication of the Nagoya Protocol in Kenya, ABS and the legal and institutional gaps were interpreted. The study found mixed perceptions of ABS in Baringo County, with low awareness of the Nagoya Protocol and Kenya’s ABS Regulations (2014) limiting participation and trust. ABS has minimally improved IMK documentation or commercialization, with benefits often captured by intermediaries due to weak enforcement. Key barriers include low literacy, complex licensing, and weak institutional support, requiring capacity building and simplified systems.