INTRODUCTION
Kenya’s intellectual property framework has long rested on a patchwork of legislation: the Industrial Property Act, 2001 (patents, utility models and industrial designs, administered by KIPI); the Copyright Act, 2001 (copyright, administered by KECOBO); and the Anti-Counterfeit Act, 2008 (counterfeit goods, administered by the Anti-Counterfeit Authority).
Each body has operated independently, with its own board, staff, budget and dispute-resolution mechanism. For the rights holder whose portfolio does not respect those statutory boundaries, the result has been duplication of function, inconsistency of standard, and an unnecessarily complex experience for businesses, inventors and rights holders.
The Kenya Intellectual Property Bill, 2026 (the “Bill”), introduced into the National Assembly on 19th June 2026, is Parliament’s answer to that fragmentation. Sponsored by the Leader of the Majority Party and published as National Assembly Bills No. 40, the Bill proposes to consolidate Kenya’s intellectual property framework into a single, modern statute.
KEY FEATURES OF THE BILL
1. One Consolidated Statute, One Authority
The Bill repeals the Industrial Property Act, the Copyright Act and the Anti-Counterfeit Act in their entirety and replaces them with a single master law. In the same movement, KIPI, KECOBO and the Anti-Counterfeit Authority are dissolved, and their functions, assets, liabilities, staff and pending proceedings vest in a new body corporate: the Kenya Intellectual Property Authority (KIPA). Registration, licensing, enforcement and public-awareness functions across the whole of the field will be discharged from one institution, headquartered in Nairobi.
2. A Unified Intellectual Property Tribunal
The Bill establishes a single Intellectual Property Tribunal in place of the separate dispute-resolution bodies presently constituted under the Industrial Property Act and the Copyright Act. Its Chairperson is to be appointed by the President from among persons qualified to hold office as a judge of the High Court, with not less than five years’ experience in intellectual property; six further members are to be appointed by the Cabinet Secretary. The Tribunal will hear and determine intellectual property disputes of every description, patents, copyright, trade marks and anti-counterfeit matters, its decisions enforceable as orders of the court, with an appeal lying to the High Court within sixty days. For the rights holder, that means one forum, one procedure and, in time, one coherent body of jurisprudence.
3. Modern Protections: Artificial Intelligence and the Digital Environment
The Bill breaks new ground in Kenyan law by addressing artificial intelligence expressly. It draws the distinction between AI-Assisted Inventions, where a human being makes a meaningful intellectual contribution and the machine serves as a tool, and AI-Generated Inventions, where the artificial intelligence autonomously generates the invention without direct human involvement. Critically, AI-Generated Inventions are expressly excluded from patent protection. On the copyright side, the Bill addresses the liability of online intermediaries, providing a structured notice-and-takedown regime and a site-blocking mechanism for live events. Traditional knowledge and genetic resources receive substantial protection: prior informed consent is required before a patent may be granted over an invention derived from biological resources.
4. Transitional Arrangements
Continuity is deliberately protected. The Bill contains detailed transitional provisions under which all existing registrations, licences, contracts and pending proceedings are preserved and continue under the new framework. The staff of the outgoing institutions transfer to KIPA without further interview, on equivalent or improved terms.
WHAT THIS MEANS FOR YOUR BUSINESS
If passed into law, the Bill will require businesses, innovators and rights holders to engage a single regulatory authority for all intellectual property matters. Strategies presently spread across multiple registries, licences and dispute forums will need to be reviewed for alignment with the consolidated regime. Businesses operating in technology, the creative industries, agribusiness and pharmaceuticals should attend particularly to the artificial intelligence provisions, the updated compulsory licensing regime and the enhanced border enforcement mechanisms.
The Bill is presently before the National Assembly. We continue to monitor its progress and will advise on any material amendments. Should you wish to discuss the implications of the Bill for your specific business interests or intellectual property portfolio, please do not hesitate to contact us.
For advice on the implications of the Bill for your rights, portfolio or enforcement strategy, please contact the Intellectual Property Department at Wamae & Allen LLP: WAIPLaw@wamaeallen.com
DISCLAIMER: This briefing is for general informational purposes only and does not constitute legal advice. It is based on the Kenya Intellectual Property Bill, 2026, as published in Kenya Gazette Supplement No. 151 dated 19th June 2026.
About the author
Peris is a results-driven and disciplined legal professional committed to delivering exceptional value to clients. With expertise across various legal fields, she provides strategic legal solutions tailored to diverse client needs. Her strong interpersonal skills, dedication, and meticulous approach to legal practice enable her to navigate complex legal matters effectively.
Denis Mutugi specializes in Commercial Litigation and Alternative Dispute Resolution.
Denis graduated with a Bachelor of Laws, LLB (Hons) from The University of Nairobi in 2021 and was admitted to the Roll of Advocates of the High Court of Kenya in the year 2023.
Denis has amassed a considerable wealth of experience in conducting legal research on various complex legal matters touching on Commercial, Insurance, Employment and Insolvency law and bankruptcy.
