Towards a liability and redress system under the cartagena protocol on biosafety a review of the Kenya national legal system

Abstract

The Cartagena Protocol on Biosafety is a Protocol to the Convention on Biological Diversity. The latter was concluded in 1992 and came into force in 1993. It had already become apparent during the Convention's negotiations that further work was required towards a Biosafety Protocol. The Protocol was concluded in January 2000 and opened for signature at the fifth meeting of the Conference of Parties to the Convention on Biological Diversity held in Nairobi in May 2000. It came into force on September 11,2003, ninety days after ratification by fifty states parties as provided for in Article 37 of the Protocol. Undoubtedly the Protocol charts out a new direction in the growth and development of modern biotechnology. It is a timely and vital development given that in a very short time frame, transgenic croplands have increased rapidly. This decade will witness many African countries adopt and commercialize transgenic crops. However, efforts to invest have to be guided by sound mechanisms for assessing risks and benefits. This is crucial to enable state parties to make informed choices and decisions.