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EXECUTIVE SUMMARY

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EXECUTIVE SUMMARY Powered By Docstoc
					                 FINAL DRAFT




       THE NATIONAL POLICY

                    ON

      TRADITIONAL MEDICINE

                  AND

            MEDICINAL PLANTS



November 2005
CONTENTS

ACRONYMS ..............................................................................................................................III
ACKNOWLEDGEMENTS.......................................................................................................... V
FOREWORD............................................................................................................................. VI
EXECUTIVE SUMMARY ......................................................................................................... VII
1.0       BACKGROUND OF TRADITIONAL MEDICINE IN KENYA ...........................................1
2.0       JUSTIFICATION .............................................................................................................3
3.0       CRITICAL ISSUES..........................................................................................................5
          3.1 CRITICAL ISSUES IN CONSERVATION..................................................................7
          3.2 CRITICAL ISSUES IN SAFETY AND EFFICACY.....................................................8
          3.3 CRITICAL ISSUES IN DOMESTICATION AND PRODUCTION………………………8
          3.4 CRITICAL ISSUES IN COMMERCIALISATION........................................................9
4.0       NATIONAL POLICY GOALS……………………………………………………….……….10

   Section One: Conservation ................................................................................................11
          Goal…………………………………….………………………………………………………..11
       Strategic objectives……………….………………………………………………………….11
       Priority Policy Actions…………….…………………………………………………………12
       Policy Interventions………………….………………………………………………............12
   Section Two: Domestication and Cultivation ....................................................................13
     Strategic Objectives........................................................................................................13
     Policy Targets..................................................................................................................14
     Priority Policy Actions ....................................................................................................14
     Policy Interventions ........................................................................................................15
   Section Three: Efficacy, Safety and Quality Assurance...................................................18
     Goal..................................................................................................................................18
     Objectives ........................................................................................................................18
     Policy Targets..................................................................................................................18
     Priority Policy Actions ....................................................................................................18
   Section Four: Commercialization and Marketing …………………………………………….20
       Goal……………………………………………………………………………………………...20
          Strategic Objectives ....................................................................................................20
          Policy Targets..............................................................................................................20
          Priority Policy Actions ................................................................................................21
          Policy Interventions……………………………………………………………………….… 21

ANNEX 1: ORGANISATIONAL CHART………………………………………………….………….22
ANNEX 2:TERMS OF REFERENCE FOR COMMITTEE AND SUB-COMMITTEES................23
ANNEX 3:POLICY RECOMMENDATIONS……………………………………………………….…25


                                                                     ii
ANNEX 4: PROPOSED INSTITUTIONAL FRAMEWORK…………………………………….…. 38
   ACRONYMS
ABS        -   Access and Benefit Sharing
AG         -   Attorney General
AU         -   African Union
BMPs       -   Best Management Practices
BMTs       -   Best management Technologies
CBD        -   Conventions of Biological Diversity
CBOs       -   Community Based Organizations
CITES      -   Convention on Trade in Endangered Species of Wild Fauna& Flora
DRSRS      -   Department of Resource Survey and Remote Sensing
EMCA       -   Environmental Management and Coordination Act
ERS        -   Economic Recovery Strategy
FAO        -   Food Agricultural Organization
GDP        -   Gross Domestic Product
GMOs       -   Genetically Modified Organisms
GSPC       -   Global Strategy for Plant Conservation
HIV/AIDS   -   Human Immune Virus/ Acquired Immune Deficiency Syndrome
ICIPE      -   International Center of Insect Physiology and Ecology
IK         -   Indigenous Knowledge
ILRI       -   International Livestock Research Institute
IP         -   Intellectual Property
IPR        -   Institute of Primate Research
IPR        -   Intellectual Property Rights
ITPG       -   International Treaty on Plant Genetic Resources for Food and
IUCN       -   International Union for Conservation of Nature and Natural Resources
KARI       -   Kenya Agricultural Research Institute
KEFRI      -   Kenya Forestry Research Institute
KEMRI      -   Kenya Medical Research Institute
KEPHIS     -   Kenya Plant Health Inspectorate Services
KIPI       -   Kenya Industrial Property Institute
KIRDI      -   Kenya Industrial Research Development Institute
KWG-MAPS   -   Kenya Working Group on Medicinal and Aromatic Plants Species
KWS        -   Kenya Wildlife Services
MAPS       -   Medicinal and Aromatic Plants
MAT        -   Mutually Agreed Terms
MM         -   Modern Medicine
MOA        -   Ministry of Agriculture
MOCSS      -   Ministry of Culture and Social Services
MOH        -   Ministry of Health
MP         -   Medicinal Plants
MPND       -   Ministry of Planning and National Development
MWDI       -   Ministry of Water Development and Irrigation
NACC       -   National Aids Control Council
NAP        -   National Action Plan
NBSAP      -   National Biodiversity Strategy and Action Plan
NCST       -   National Council for Science and Technology
NEAP       -   National Environment Action Plan


                                       iii
NEMA    -   National Environment Management Authority
NGOs    -   Non-Governmental Organizations
NMK     -   National Museums of Kenya
OAU     -   Organization of African Unity
PIC     -   Prior Informed Consent
PPB     -   Pharmacy and Poisons Board
PRSP    -   Poverty Reduction Strategy Paper
R&D     -   Research and Development
SRA     -   Strategy for Revitalizing Agriculture
TBA     -   Traditional Birth Attendants
TECK    -   Traditional Ecological Knowledge
TM      -   Traditional Medicine
TM/MP   -   Traditional Medicine/Medicinal Plants
TMPs    -   Traditional Medicine Practitioners
TRIPS   -   Trade Related aspects of Intellectual Property Rights
UON     -   University of Nairobi
UPOV    -   International Union for the Protection of new varieties of plants
WHO     -   World Health Organization
WIPO    -   World Intellectual Property Organization
WTO     -   World Trade Organization
WWF     -   World Wildlife Fund




                                     iv
ACKNOWLEDGEMENTS

The National Coordinating Agency for Population and Development (NCAPD) would like to
acknowledge with gratitude all stakeholders for their inputs during the policy development
process.

Our gratitude also goes to members of the technical sub-committees on Conservation, production
and domestication, safety and efficacy and commercialization who worked tirelessly to provide
information, data, and comments during the process of developing this policy. We are also
grateful to NCAPD staff for their contribution to the success of this project.

Sincere thanks also go to International Development Research Center (IDRC) for the financial
and technical assistance.




                                              v
FOREWORD

Traditional medicine has a critical role to play in improving the health of Kenyan people. In both
developed and developing countries people are increasingly using Traditional Medicine and
medicinal Plants for different varieties of maladies. Where Traditional medicine is well accepted
and used by people, its integration into the national health care system is taking place.

According to World Health Organization (WHO), 80% of Africa’s population relies on
Traditional Medicine because of its accessibility, sustainability, affordability and cultural beliefs.
Medicinal plants are potential economic boosters if developed and sustainable harvesting
applied. A policy to give direction has been lacking although healers practice openly and
consumers purchase medicinal plants in markets and from healers. It is as a result of this
realization that stakeholders mandated the National Coordinating Agency for Population and
Development (NCAPD), Ministry of Planning and National Development to facilitate the
process of developing a Traditional Medicine and Medicinal Plants policy in Kenya.

The development of this policy is therefore aimed at achieving conservation of medicinal plants,
sustainable use of related biological diversity and equitable sharing of benefits for prosperity of
the nation. The policy will be beneficial in that it will help to control malpractice among
practitioners and regulate the products used. Addressed in the policy are issues on conservation,
production and domestication, safety and efficacy and commercialization. The policy outlines
the goals, objectives and targets to guide implementation.

The greatest challenge is to protect traditional medicine practice and to define its role in national
health care delivery. This policy will provide necessary regulatory and legal mechanisms to
promote and maintain good practices in the industry.




                                                  vi
EXECUTIVE SUMMARY

A large proportion of Kenyans both in the rural and urban areas rely on Traditional medicine (TM). This
is mainly because of the many constraints limiting access to modern medicine (MM) as well as cultural
and social reasons that have contributed to the persistence of TM even with the advent of modern
medicine (MM). However, the legal standing of traditional medicine in Kenya is not quite clear, a
limitation that is compounded by inadequate organizational structures and procedures that make it
difficult to control malpractice among the practitioners or regulation/registration of the products that they
use.

Medicinal plants form the backbone of TM and their importance is not only limited to direct use as
therapeutic agents but also as starting materials for the synthesis of drugs as models for
pharmacologically active compounds. The Traditional Medicine sub-sector also constitutes an important
economic activity as it generates substantial income for the different players such as collectors, vendors
and healers. It is also widely acknowledged that some Kenyan medicinal plants are internationally traded
thus making a contribution to a trade that is reportedly worth over $8 billion per year. The development of
this sub-sector would therefore contribute enormously to income generation, employment and hence
reduction in the prevailing levels of poverty in both rural and urban areas. The plants traded and/or used
in TM are collected from the wild, often being harvested in an unsustainable manner and traded without
restriction. Consequently, an increasing number are becoming rare and vulnerable. With this increasing
demand of TM and MP, it is apparent that sourcing from the wild is not a viable option, hence the need to
look into ex-situ conservation measures and promote domestication.

In order to facilitate effective use of traditional medicine within the context of official allopathic health
care and ensure the sustainable utilization, conservation, domestication and regulated trade of medicinal
plants, it is apparent that functional legislation needs to be enacted. Such a legislation/policy would
ensure that the necessary regulatory and legal mechanisms are created to promote and maintain good and
practices in the TM and MP sub-sector.


It is against this background that a national process to develop Medicinal and Aromatic plant species was
started in November 2001 when a draft strategy and action plan was formulated by the Kenya Working
Group on Medicinal and Aromatic Plant Species (KWG-MAPS) at the conclusion of a National
Stakeholders Workshop in Naivasha. This strategy was adopted at the policy Makers Forum held in
Nyeri from 23rd to 25th July 2001 in which the stakeholders unanimously agreed that there was an urgent
need to formulate enabling policies. As a result, the National Coordinating agency for Population and
Development (NCAPD) was mandated to facilitate a multi-sectoral policy development initiative that
may eventually articulate a vigorous, value chain development strategy for Traditional Medicine and
Medicinal plants in Kenya. Consequently, an inter-ministerial committee was set up under the Ministry of
Planning and National Development which constituted the following sub-committees: (1) Conservation,
(2) Domestication and Production, (3) Commercialization and Marketing and (4) Quality, safety and
efficacy of TM and Medicinal plants. The sub-committees were to develop specific work programmes
and their membership comprised of all the relevant stakeholders including Traditional Medical
Practitioners representatives. The contents of this draft policy reflect the contributions of the four sub-
committees on the background of TM and MP in Kenya, justification of a national policy, the critical
issues, the policy goals, objectives and policy targets, priority policy actions and policy interventions in
the       four       thematic      areas       and      a       proposed       institutional    framework.




                                                    vii
      1.0       BACKGROUND OF TRADITIONAL MEDICINE IN KENYA


According to the World Health Organization, (WHO), traditional medicine can be defined as “the sum
total of all knowledge and practices, whether explicable or not, used in the diagnosis, prevention and
elimination of physical, mental or social imbalance and relying exclusively on practical experience and
observation handed down from generation to generation, whether verbally or in writing”. It highlights the
practice, measures, ingredients and procedures that have enabled the African to alleviate his sufferings
and cure himself (WHO 1978). In Africa more than 80% of the population rely on plant and animal based
medicines to meet their healthcare needs (Rukangira 1998). In Kenya the conventional system provides
for only 30% of Kenyans (WHO, 2003), thus the implication is that the remaining 70% (approx. 21
million people) outside the national system must rely on traditional forms of healthcare. The sub-sector
also constitutes an important economic activity of many people. Herbal medicine is an important category
of Traditional Medicine (TM) and estimates indicate that over 400 plant species are used in the
management of common diseases in Kenya (Kokwaro 1976, 1991; Gachathi 1989).

Despite the Governments efforts to expand allopathic health facilities, TM practice has persisted due to
certain factors such as: Spatial/inequitable health facilities whereby 75% of the facilities and personnel
tend to be concentrated in the urban areas and even when modern health facilities are available, medical
services are not always accessible; Ratio of allopathic doctors to patients is very high i.e. 1: 20,000
compared to 1: 987 for Traditional Medical Practitioners (Lambert 2004); Emergence of new diseases
notably HIV/AIDS, and increased resistance to chemotherapeutic agents used the treatment of conditions
such as malaria and tuberculosis has rejuvenated an interest in traditional remedies; Diminishing
economic resources due to high poverty levels and increased disease burdens have made allopathic
medicine prohibitively expensive, thus positioning the harvesting of medicinal plants for personal use as a
less expensive alternative; The holistic approach of traditional medicine whereby good health, disease,
success or misfortunes are not seen as chance occurrences but are believed to arise from the actions of
individuals and ancestral spirits according to the balance or imbalance between the individual and the
social environment. This is in contrast to modern medicine, which is technically and analytically based.

Traditional Medicine was the only mode of health care before the introduction of allopathic medicine by
Christian missionaries and colonial settlers in the last part of the 19th Century. Mission hospitals and
clinics were established and followed by deliberate discrediting and fight against the use of traditional
medicine in schools and churches (Good, 1987). The colonial fear of traditional medicine culminated in
the Witchcraft Act Cap 67 of 1925 which stipulated that a person pretending to exercise witchcraft or
using witch medicine with intent to injure will be liable for an imprisonment term of between 5 – 10
years, a guideline that remained in existence even after independence. After independence, the Kenyan
medical practitioners who took over from Europeans continued to shun TM until 1978 when WHO urged
member countries to utilize the traditional system of medicine leading to Traditional Birth Attendants
curriculum development in 1981. In the 1979-1983 Development Plan, the Kenya Government officially
acknowledged the major role of traditional medicine in primary heath care, and thus called for research to
“evaluate the role and functions and to determine the extent of the usefulness for traditional medicine”. In



                                                     1
1985 the Department of culture recognized TM as a part of Kenya’s rich cultural heritage and began to
identify genuine practitioners with the aim of distinguishing positive aspects of TM and discarding the
negative ones for development.

Kenya’s commitment to the conservation and sustainable utilization of biological resources was
underlined when the country ratified the Convention on Biological Diversity (CBD) in 1994. Medicinal
and Aromatic Plant Species (MAPS) are specifically recognized as an important biological resource
through inclusion of Annex 1 of the convention. Indeed in 2001, the African Union (formerly OAU)
declared the period 2001-2010 as the decade for African Traditional Medicine. Locally, the Ministry of
health has initiated work on a regulatory Bill of practice in TM while national planning documents like
the Country Study on Biodiversity, the National Environment Action Plan, the Environmental and
Coordination Act (EMCA|) 1999, the National Action Plan to the Kenya Forestry Master Plan, and the
National Biodiversity Strategy Action Plan recognize the importance of the conservation and sustainable
utilization of medicinal plants in healthcare and improvement of rural livelihoods.




                                                  2
      2.0      JUSTIFICATION
It has been documented that over 70% of the Kenyan population use traditional medicine or
therapies as a source of health care due to its perceived low cost and accessibility. This
necessitates assurance of sustainable availability, quality and the safety of traditional medicine
to ensure continued access to health care especially for rural communities. Many species used for
herbal medicine are collected from the wild, often being harvested using unsustainable methods,
and at rates faster than they can grow to meet the demand. This leads to escalating loss of
biological diversity and ecosystem depletion. This depletion is exacerbated by poverty, high rates
of population growth and a lack of alternative resources and incomes for those impacting on the
resources. There is an urgent need to both prevent or mitigate this loss, and set in place
conditions under which it will be more economically desirable to conserve rather than destroy
resource base. This requires intervention at many levels, including policy.
Conservation, both ex-situ and in-situ, is therefore critical both to protect biodiversity and to
meet health needs. According to WHO, IUCN and WWF, 1993, the best way to ensure the
sustainability of the plant material needed for medicine is through cultivation which does not
deplete the wild stocks. Locally, the declining habitat of native plants can no longer meet the
needs of local people and the expanding international market for medicinal plant products. In the
case of rare, endangered or over-exploited plants, cultivation is the only way to ensure the
availability of material without further endangering the survival of those species. It acts as an
insurance policy, enabling propagation, species reintroduction, agronomic improvement,
research and for education/knowledge transfer purposes.
Cultivation is perceived to have pharmacological advantages over wild collecting in terms of
reduction of variance in quality and composition due to environmental and genetic differences.
Cultivation also greatly reduces the possibility of misidentification and adulteration. It is
therefore necessary to integrate production of medicinal plants into conventional agriculture.
Although current strategy documents on agriculture do not give specific attention to medicinal
plants, they have the potential to make significant contributions to healthcare, financial
investment, cultural identity and livelihood security. There is a felt lack of technical packages,
protocols, regulation, and institutional capacity to ensure sustainable domestication of medicinal
plants. The development of a policy and regulatory framework for domestication, cultivation and
production of medicinal plants is therefore imperative.
Conservation of medicinal plants both ex-situ and in-situ needs to be accompanied by sustainable
utilization for it to be sustainable to ensure that benefits from these resources promote economic
development. This is particularly critical for the TMPs, who are economically marginalised
despite their expertise in provision of primary healthcare. The traditional medicine sub-sector
presently ensures a means of livelihood for various groups including herbal collectors, vendors,
traders, manufacturers, and TMPs. Regulation and coordination of this rapidly expanding sub-
sector is poorly developed.
Traditional medicines have the potential of being the source of development of conventional
drugs, which may reduce the cost of health care delivery with a possibility of improving the
economic gain to our country through commercialisation and medicinal plants are potential
sources of lead compounds for drug development. However, a national policy to assure the
safety, efficacy, quality and economic value of traditional medicine for trade and consumption is


                                                3
lacking. Medicinal plants have also not been protected by Intellectual Property Rights. They are
collected and used without any regulation, opening them to indiscriminate exploitation and bio-
piracy. Huge profits are made but never shared with the custodians of biological diversity.
Indigenous knowledge, innovations and practices of traditional and indigenous medicines have
also not been afforded the necessary International Property Right protection much as they have
continued to gain international attention. Presently in Kenya, there is no formalized,
institutionalised system of documenting and sharing traditional knowledge on medicinal plants.
Utilization of plants as medicine reveals an inextricable link between biodiversity, traditional
knowledge, and cultural diversity. The wealth of traditional knowledge among indigenous
communities plays a significant role in identification and utilization of valuable medicinal plants.
There exists a big opportunity to integrate this knowledge into the conservation, domestication
and commercialisation of medicinal plants. However, there is an increasing erosion of this
traditional knowledge from generation to generation. There have been no concerted efforts to
popularise this indigenous knowledge down generations. There is, therefore, an urgent need to
formulate an array of incentive measures to ensure that members of the younger generations will
want to learn value, adapt, and apply the traditional knowledge, innovations and practices of
their elders. Also important is to ensure that this knowledge is documented and made available
for future generations.
The development of the sub-sector as a business requires building the necessary business skills,
capacities, and legal and regulatory modalities to develop and invest in such business. A major
disincentive in the medicinal plants and traditional medicine sector is the lack of co-ordination at
the national level with no clear institutional mandate over medicinal plants conservation. This
has led to inconsistencies such as the inconsistent and exploitive issuing of trade and harvesting
licenses. As a result, trade and harvesting of medicinal plants has not been monitored or
regulated leading to degenerative exploitation of some species like Prunus africana. This goes
against CITES requirements.
At the global level, Kenya is a signatory to major international conventions and protocols
relating to biodiversity, utilisation and conservation of natural resources including the
Convention on Biological Diversity. However, despite there being many national planning
documents such as the Country Study on Biodiversity, the National Environmental Action Plan,
The Kenya Forestry master Plan, and the National Biodiversity Strategy Action Plan,
commitment and coordination in the implementation of these efforts has been wanting. This has
lead to a continued lack of concerted and coordinated effort among those dealing with traditional
medicine due to lack of a defined legal and policy frameworks to enforce guidelines.
Policy would provide a sound basis for defining the role of traditional medicine in national
healthcare delivery and also ensure that the necessary regulatory and legal mechanisms are
created to promote and maintain good practices in the industry.
A traditional medicine policy is vital in addressing gaps identified above, needs and priority
actions in traditional medicine development, and the promotion of medicinal plants.




                                                 4
     3.0       CRITICAL ISSUES
In each of the four sub-sectors of traditional medicine namely conservation, production and
domestication, safety and efficacy, and commercialisation critical issues that hamper their
development can readily be identified. Despite several issues being unique to each sub-sector
there are a number of cross cutting issues that affect the sector in general. A good example of a
cross cutting critical issue is the lack a coordinating body for traditional medicine, its
practitioners and medicinal plants to act as a vehicle for growth of the sector and its effective
integration into the economic and health sectors of the country.

Another important cross cutting issue is that currently institutions dealing with various aspects of
traditional medicine and medicinal plants are uncoordinated in their approach and do not place
this sector as a high priority. For example there are several institutions interested in the
management, regulation, research and documentation, as well as advocacy aspects of
biodiversity conservation, traditional medicine and medicinal plants utilization and conservation.
In some cases, these institutions have conflicting and unclear role and do not give priority to
conservation of traditional medicine and medicinal plants. Forestry, as a major sector in natural
resource conservation for example, faces challenges of accelerated deforestation, gaps between
supply and demand of forest products, inadequate capacity, etc, such that conservation of
medicinal plants is not a priority area.

Similarly information acquisition, exchange and dissemination on traditional medicines and
medicinal plants has not been inadequate or not well documented and not properly packaged to
enable effective utilization in the fields of conservation, production, safety and efficacy and
commercialisation. This has also contributed to an increasing loss of information from one
generation to the next as the few remaining practitioners die without sharing the knowledge.

In terms of conservation the phenomenal international growth in demand for plant based or
phytotherapeutic treatments has led to the decline of many medicinal plant populations is an
important issue. This has been largely due to intensive harvesting that is not scientifically
monitored and the use of unsustainable harvesting techniques, such as in the case of Prunus
africana.

The declining population of medicinal plants is driven by two key factors, namely
overexploitation and habitat loss. In both cases poverty is an important underlying factor. The
financial compensation for the harvester households are meagre and exploitative. For example
Aloe products traded in Kenya between 1994 and 2000 amounted to U$4.7million, out of which
local dealers made only $80,000 ~ 2% of the total earnings. Similarly in 1997-98, 400 tonnes of
unprocessed prunus Africana bark were exported at US$ 0.4 million, yet the market value of the
equivalent of one tonne processed bark was US$ 63 million. Indeed current research indicates



                                                 5
popular medicinal plants are becoming increasingly rare or locally extinct, especially those that
have naturally low population levels (KWG-medicinal plants, 2004).

Sectoral laws and regulations that are currently in place are unlikely to facilitate effective
coordination of biodiversity conservation because they do not embrace community participation
and management of biodiversity. In addition, local communities of lack awareness on their rights
and have limited capacities to access redress when a conflict of interest occurs.

In terms of commercial exploitation of traditional medicine and medicinal plants there is concern
that at the community and national level in Kenya, the loss of biological resources and associated
knowledge is high, ranging from uncoordinated research to unregulated bio- prospecting. The
community seldom receives a fair and equitable share of the benefits that are obtained from their
commercial use and development.

Another important factor hindering commercial development of the sector is is the potential of
traditional medicine practitioners losing their knowledge of traditional medicine to bio-piracy.
This threat is not unfounded and leads to individuals not being rewarded for physical and
intellectual contribution. This exploitation of knowledge holders often occurs due to lack of any
contractual agreement perpetuated by some scientists, research institutions and multinational
pharmaceutical companies. This problem is compounded by the lack of guidelines prepared by
communities that define their relationship with biodiversity commercial players.

In considering safety and efficacy the lack of effective harmonized legislation has negatively
impacted traditional medicine. The existing legislation does not link traditional and modern
technologies. The institutional and legal framework has also very limited ability to regulate the
traditional medicine sector and to address malpractice.

Lack of mainstreaming of the sector into the national health system has negatively impacted
safety and efficacy TM products as well as their commercialisation. The failure to mainstream
TM has led to credible products not being known and developed as well as the economic
marginalization of TMPs and the proliferation of quacks.

Another critical issue in Kenya is the addition of value. Currently there is no policy that gives
incentives to the addition of value or any kind of transformation before export of medicinal
plants. For example in Cameroon, which exports the greatest proportion of Prunus africana, an
extraction factory processes the bark, which substantially adds value to this natural product. In
Kenya all exports were in raw bark form exported directly from Mombassa to be processed
elsewhere.




                                                6
A coordination body would address the problems mentioned above in addition to other important
ones such as lack of efficient marketing strategies, research and opening new frontiers in
traditional medicine.
Cross cutting critical issues:

   i.   There is lack of adequate institutional framework to coordinate the sector. Traditional
        medicine concerns and programs have been through isolated individual initiatives rather
        than the result of deliberate policy planning. They are therefore implemented
        independently and do not operate within any national framework.
  ii.   There is lack of proper coordination among institutions involved in matters of traditional
        medicine. This results in duplication of efforts and at times unnecessary competition.
        There should be cooperation and collaboration among the institutions that coordinate
        traditional medicine.
 iii.   Capacity building programs for all aspects of traditional medicine and medicinal plants
        are inadequate. There are no government regulatory and promotional mechanisms to
        provide training in medicinal plants and traditional medicine or to institutionalise it as a
        discipline in formal National Training Programmes. Instruments such as curricula
        development and quality assurance need to be developed.
 iv.    Inadequate acquisition, knowledge documentation and dissemination, and exchange of
        information as well development of databases on aspects of conservation, production,
        safety and commercialisation of traditional medicine and medicinal plants.
  v.    Research, technology adaptation/adoption for medicinal plants and traditional medicine
        products on their conservation, harvesting, processing, safety and marketing continue to
        be inadequate and uncoordinated.

Critical issues in conservation
   i.   There is evidence of declining populations hence availability of certain medicinal plant
        species due to factors such as unsustainable harvesting techniques and habitat destruction.
  ii.   There is inadequate institutional support for understanding by key stakeholders of causes,
        extent and severity of loss of biodiversity.
 iii.   Exploitation of knowledge in traditional medicine and Medicinal Plants with no
        commensurate returns at individual, community and national levels
 iv.    Skewed Trade and low revenue from Medicinal Plants leading to Overexploitation of
        Medicinal Plants
  v.    The value of Medicinal Plants and Traditional Medicine contribution to social, health and
        economic system not quantified


                                                 7
Critical issues in production and domestication
  i.    There is insufficient information on cultivation methodologies and technologies,
        propagation, seed multiplication and distribution systems for medicinal plants. In
        addition, factors limiting cultivation been yet to be identified
 ii.    There have been no studies to examine the potential negative or positive impact of
        cultivation and collection on the environment, ecological process and welfare of the local
        communities.
iii.    An inexperienced extension service to backstop communities cultivating medicinal
        plants.
 iv.    Poor access to credit and micro-finance essential to facilitate commercial production.


       Critical issues in safety and efficacy
  i.    There is lack of regulated practice and clear legal status of traditional medicine. There is
        need for professional regulation on practice to avoid overcharging, as there are no
        generally accepted rates for the management of the same condition by different
        practitioners. Such a situation facilitates the thriving of harmful and exploitative
        practitioners, thereby necessitating the need for consumer protection.
 ii.    The Government should offer both funding and technical support. Technical support
        should include:
iii.    Complementarities: Some people consider both conventional and traditional medicine as
        necessary for complete healing to occur. There is need for collaboration between both
        types of medicines and practices. A system for cross referral should therefore be
        encouraged, and avenues for dispelling distrust between allopathic and Traditional
        Medical Practitioners should be explored.
 iv.    There is inadequate competent inspectorate / quality assurance system or set of standards
        to address the quality of traditional medicine. The process of quality determination
        should be linked or affiliated to existing bodies like the PPB, research institutions and
        universities




                                                 8
Critical issues in commercialisation
   i.   There is need to define different types of ownership of traditional knowledge when it
        comes to equitable sharing of benefits. For example, standard measures should be set to
        determine ownership of territories versus ownership of genetic resources versus
        ownership of traditional knowledge, innovation or practices.
  ii.   There is a lack of data demonstrating the socio-economic importance of medicinal plants
        and traditional medicine practice to the rural livelihoods of majority of Kenyans.
 iii.   Traditional medicine Practitioners and those knowledgeable about medicinal plants
        typically have poor access to credit and micro-finance essential to facilitate commercial
        production.
 iv.    There are presently poor or non-existent marketing channels for medicinal plants or
        traditional medical knowledge. This has lead to exploitation of farmers and gatherers by
        middlemen and those already established in the business.
  v.    Inadequate mechanisms to enhance Partnership in product development involving the
        community, TMPs, commercial partners, research institutions and government.
 vi.    There has been an inadequate inventory and prioritisation to date on the resource base,
        users, current technologies and socio-economic value of medicinal plants.
vii.    Products of Traditional Medicine have a low appeal, hence low demand due to poor
        processing, presentation and packaging.




                                                9
NATIONAL TRADITIONAL MEDICINE AND MEDICINAL PLANTS POLICY
GOALS.
The national goals are to have a policy that will:

   i.   Integrate traditional medicine/medicinal plants products and practitioners into the
        commercial sector to enhance income at the individual, community and national level and
        improve health in the country;
  ii.   Mainstream traditional medicine into national health care delivery system;
 iii.   Put in place mechanisms for conservation and sustainable utilization of traditional
        medicine and medicinal plants recognizing that economic, social development and
        poverty alleviation are the first and overriding priorities of the nation;
 iv.    Provide for protection of Intellectual Property Rights, equitable access and benefit
        sharing arising from the use of traditional knowledge, innovation and practices relevant
        to the conservation of traditional medicine and medicinal plants;
  v.    Establish a framework that promotes the participation of local communities at all levels
        of policy making and implementation of the conservation and sustainable utilization of,
        production, domestication and commercialization of traditional medicine and medicinal
        plants;
 vi.    Facilitate research, technology transfer in traditional medicine and medicinal plants;
vii.    Provide for linkages into national, regional and international programmes with a view to
        enhancing partnership and technological inputs into traditional medicine and medicinal
        plants;
viii.   Guarantee the supply of traditional medicine, which is safe, effective, of high quality,
        widely available and affordable.




                                                 10
SECTION ONE: CONSERVATION
       National Goals for Conservation of Traditional Medicine and Medicinal Plants
  i.    Put in place mechanisms for conservation and sustainable utilization of traditional
        medicine and medicinal plants recognizing that economic, social development and
        poverty alleviation are the first and overriding priorities of the nation;
 ii.    Develop a framework to facilitate research, documentation and dissemination of
        information on traditional medicine and medicinal plants;
iii.    Provides for equitable access and benefit sharing arising from the use of traditional
        knowledge, innovation and practices relevant to the conservation of traditional medicine
        and medicinal plants;
 iv.    Establish a framework that promotes the participation of local communities at all levels
        of policy making and implementation of the conservation and sustainable utilization of
        traditional medicine and medicinal plants.;
 v.     Provides for linkages into regional and international programmes on traditional medicine
        and medicinal plants.

Strategic Objectives

  i.    To establish the population status of traditional medicine and medicinal plants;
 ii.    To develop mechanisms for exploitation of knowledge in traditional medicine and
        medicinal plants with commensurate returns at individual, community and national
        levels;
iii.    To put in place a harmonized and regulated institutional framework on traditional
        medicine and medicinal plants;
 iv.    To establish mechanisms that regulate trade in traditional medicine and medicinal plant
        thus avoiding skewed trade and low revenue, which lead to over exploitation of
        traditional medicine and medicinal plants;
 v.     To establish measures that will put a quantitative value on traditional medicine and
        medicinal plant’ contribution to social, health and economic system.
 vi.    To develop a framework to facilitate research, documentation and dissemination of
        information on traditional medicine and medicinal plants.




                                                11
        Priority Policy Actions
   i.    Establish a research authority independent from management authorities;
  ii.    Develop standard guidelines on access and benefit sharing for individuals, local
         communities, traditional healers and institutions with standard forms for prior informed
         consent and material transfer agreements;
 iii.    Harmonize legislation related to Intellectual Property Rights, stem bio-piracy and control
         improper outflow of research on traditional medicine and medicinal plants;
 iv.     Provision of policy guidelines and legal framework to address tradition medicine and
         medicinal plants.
  v.     Establish a national coordinating body for traditional medicine and medicinal plants,
 vi.     Create an administrative framework to regulate trade in traditional medicine and
         medicinal plants;
vii.     Integrate traditional medicine and medicinal plants trade into national fiscal policy and
         planning;
viii.    Develop guidelines or protocols that define and govern the local community and
         commercial harvesters;
 ix.     A scientific authority to conduct research on biology of medicinal plants, harvesting
         techniques, value addition, conservation, marketing, etc be established;
  x.     Establish: endowment fund, research and conservation fund etc.

Policy Interventions

   i.    Take stock of traditional medicine and medicinal plants and establish their distribution,
  ii.    Promote sustainable harvesting through regulation of commercial harvesting that is
         pegged to planting quotas and sustainable yield;
 iii.    Establish mechanisms to reduce habitat loss;
 iv.     Document indigenous knowledge on medicinal plants, traditional medicine and develop
         national ethno botanical databases, a centralised resource centre/database on research and
         a national pharmacopoeia;
  v.     Promote access and benefit sharing (ABS) partnerships as a source of sustainable
         economic development;
 vi.     Provide incentives for value addition prior to export;
vii.     Mainstreaming traditional medicine and medicinal plants into national health care
         system;
viii.    Empower individuals, local communities and Traditional Medicine Practitioner
         Association;




                                                 12
 ix.    Registration of traditional medicinal plants (practitioners) in practice and their
        Association;
  x.    Put in place participatory monitoring and evaluation systems to capture the section of the
        population accessing traditional medicine/medicinal plants from practitioners thus
        establishing frameworks for feedback mechanisms from grassroots to national level;
 xi.    Establishment of an export framework;
xii.    Economic analysis, research and monitoring of markets, trade channels/routes of
        harvesting techniques, value addition, conservation and marketing;
xiii.   Establish funding mechanisms including Endowment fund, Research and Conservation
        fund etc.

SECTION TWO: DOMESTICATION AND CULTIVATION

Strategic Objectives
   i.   To identify and document medicinal plants considered as threatened or of high value to
        communities based on their traditional knowledge.
  ii.   To identify priority medicinal plants and derived products used for treatment of selected
        diseases/conditions.
           a) To disseminate information and knowledge in order to promote education on
              important medicinal plants and to increase awareness of the importance of
              conservation of indigenous medicinal plants.
           b) To develop propagation and cultivation methods and piloting ex-situ conservation
              of medicinal plants for treatment of major human diseases.
 iii.   To organise and establish propagation, cultivation and distribution of medicinal plants
        and the production of community-based and commercial nurseries.
 iv.    To assist local communities to develop their own conservation initiatives e.g. seed
        funding, information dissemination, technical assistance and other incentives.
  v.    To pilot farm-based cultivation trials for a selected number of threatened species of
        medicinal plants.
 vi.    To develop training programmes to raise the level of technical skills in the post harvest
        handling and farm level processing of medicinal plants.
vii.    To develop a certification programme for sustainable harvesting of medicinal plants and
        seed certification and encourage more research into the agronomy and post harvest
        technology of medicinal plants.
viii.   To create stronger links between herbal practitioners and growers of medicinal plants.



                                                13
 ix.    To promote a greater awareness amongst traditional healers of the economic
        environmental benefits of switching from wild harvested to cultivate medicinal plants.
  x.    To lobby the Government to review regulatory and other policy measures that hinder
        development of the thriving medicinal plants industry.

Policy Targets
   i.   The society being the end users (consumers) of the traditional medicine
  ii.   The traditional medicine practitioners
 iii.   Farmers (both small & large scale) who will cultivate medicinal plants
 iv.    Breeders (both in public & private breeding institutions) who will breed new and / or
        improved/superior varieties of medicinal plants
  v.    Researchers in universities and other research organizations who will analyze the active
        ingredients in medicinal plants
 vi.    Extension workers / officers who will be assisting farmers on agronomic management of
        the medicinal plants
vii.    Botanists who can be contracted to identify, document and collect medicinal plants from
        the wild
viii.   Regulators dealing with quality assurance
 ix.    The Government being the final authority to legislate and enact the policy on traditional
        medicine and medicinal plants.

Priority Policy Actions
   i.   Establish and maintain a program of scientific and cultural research in collection and
        domestication of medicinal plants of economic value, including those with ethno -
        veterinary and crop protection potential.
  ii.   Integrated farm cultivation of medicinal plants with all national Agricultural program
        frameworks and projects.
 iii.   Develop and support field trials and demonstration projects of medicinal plants.
 iv.    Establish and strengthen extension services for medicinal plants production through the
        development and implementation of specific training programs.
  v.    Strengthen linkages among stakeholders, Ministry of Agriculture staff, and associations
        of Traditional Medical Practitioners and farmers in order to improve exchange of
        information on relevant issues.



                                                 14
 vi.    Promote understanding and awareness of the importance and potential of media and
        inclusion of these topics in national education program.
vii.    Develop strategies to assist small-scale farmers in rural areas to enable them fully
        participate in program activities including identification of markets for their products.
viii.   Involve local communities in production and conservation of medicinal plants in and
        outside protected areas through realization of medicinal plants benefits as a way of
        diversifying of farm enterprises.

Policy Interventions
Two basic strategies for the production and domestication of medicinal plants would be:
   i.   Agro-industrial production and use          of   medicinal    plants   of   standardized
        pharmacologically active constituents;
  ii.   Distribution of seeds, seedlings and/or saplings to individuals and communities for
        cultivation in home gardens


These strategies would be implemented within the following programmes:
   i.   Initiating an awareness raising campaign on the importance and uses of medicinal plants
        targeting both the informal and formal sectors. National recognition of medicinal plants
        and traditional medicine as a profession deserving promotion, popularising, and specific
        training programmes is priority.
  ii.   Creating and strengthening awareness of the value of traditional health practices
        particularly the role played by women in home self-administered healthcare.
 iii.   Integrating farm cultivation of medicinal plants into all national agricultural program
        frameworks and projects.
 iv.    In collaboration with the farmers, rural communities, NGOs and other decision makers,
        use a participatory approach to identify medicinal plants suitable for growing in home
        gardens in different agro-ecological zones, considering botanical, social and ethical
        factors. Learning from the people about uses, propagation and management methods are
        of uttermost important. Any project formulation and administration should involve all
        stakeholders in determining the apportioning of responsibilities and project activities
  v.    Identification, documentation, evaluation and testing of existing Best Management
        Practices and Best Management Technologies (BMTs) that enhance conservation,
        restoration and sustainable use of biodiversity and dissemination, promotion, up scaling
        and facilitation of adoption and implementation of the BMTs and BMPs. This should
        involve improved and integrated soil, water, and nutrient, livestock, pest and disease



                                               15
        management technologies to achieve greater productivity of medicinal plants. If no
        scientific published or documented cultivation data exists, the traditional method should
        be followed where feasible, or else it should be developed through research.
 vi.    Development of rapid methods of propagation for clean seeds, seedlings or saplings.
        Equally important is an efficient distribution systems (formal and informal) of seeds,
        seedlings and/or saplings to individuals and communities for cultivation in home gardens.
vii.    Building public support, effective partnership and capacity of rural communities, CBOs
        and NGOs, Traditional Health Practitioners, researchers, extension staff and other
        decision makers to create a continuum from identification, testing to extension and
        adoption of technologies for conservation, restoration and sustainable use of medicinal
        plants. An effective communication strategy should be put in place.
viii.   Building and strengthening capacity (human resources and infrastructure) for
        conservation, cultivation management, policy, research and technology transfer. This
        may be accomplished by identifying training needs and program for stakeholders at all
        levels in the value chain.
 ix.    Identification and development of an inventory and documentation of economically
        viable medicinal plants. Creation of an environment conducive to the adoption of
        improved medicinal plants production and domestication technologies through multi-
        sectoral programs that promote an efficient marketing of outputs. Development of micro-
        enterprises and increased local awareness of and use of medicinal plants, processing and
        enhanced marketing strategies, and development of markets for medicinal plants as well
        examine ways to add value to medicinal plants in order increase the farmer’s incomes.
  x.    Mainstreaming and institutionalising medicinal plants as a discipline for both
        professional and vocational training in formal national training programs. Of importance
        is promotion and incorporation of conservation science into school curricula, with
        particular reference to traditional medicine and other natural resources.
 xi.    Incorporating training on medicinal plants into the informal education and outreach, an
        area with enormous potential. Schools, youth and religious groups could be encouraged
        to establish nurseries to provide the communities with planting materials. Existing
        training programs should be expanded and enhanced.
xii.    Mobilization, characterization and documentation of dispensing knowledge associated
        with medicinal and aromatic plants.
xiii.   Organization of communities into common interest groups/cooperatives to facilitate
        service delivery/marketing.
xiv.    Creating a regulatory system that should be quick efficient, appropriate, applicable and
        controllable.


                                               16
  xv.    Encourage development and regulation of national associations of traditional and
         community medicine health practitioners to push forward the regulatory reform agenda.
 xvi.    Develop policies and a legal framework that directly supports the cultivation and
         development of medicinal plants. Incentives for farmers and rural communities are
         influenced by a number of social, economic, political factors. These include micro and
         macroeconomic policies, legal rules of access to resources and institutional mechanisms
         to support these policies. medicinal plants should not only be synchronized with the
         existing work on policy reform to avoid duplication but focus in informing the policy
         debate on:
            a) How macroeconomics, trade and agricultural sector policies impact on medicinal
               plants
            b) Local institutional issues such as community-based organizations CBOs,
               Intellectual Property Rights (IPR) and incentives for collective management of
               biodiversity.
xvii.    Participation of all stakeholders and especially farmers and communities in the design,
         implementation and follow-up and evaluation of domestication and production of
         medicinal plants. Establishment of a permanent framework using participatory tools.
         Evaluation of the existing interfaces between rural communities and experts in order to
         identify effective mechanisms to constitute common interest groups and especially of
         women and promotion of effective linkages between research extension and rural
         communities.
xviii.   Identify market incentives that will stimulate farmers/communities into domestication
         and cultivation of selected species in their homes gardens. Develop guidelines for, benefit
         sharing from the commercialization of medicinal plants.
 xix.    Establishment of Quality Assurance Systems for the curricula and the training programs.
         These systems should be based on measurable, auditable, verifiable parameters inbuilt
         with credible certification procedures and body(s).
  xx.    Institutionalize Quality Assurance by charging an identified institution with curricula
         development, management and regulation.
 xxi.    Establishment of medicinal plant gardens/protected areas that are accessible to local
         communities to demonstrate the importance of conservation and different uses. In
         addition exhibitions on traditional health practices could be encouraged, as this would
         facilitate in attitude change.
xxii.    Develop a monitoring system that ensures a rapid research response to promising findings
         and important treatments based on traditional medicine.
xxiii.   Standardization of traditional medicine through scientific research.




                                                 17
SECTION THREE: EFFICACY, SAFETY AND QUALITY ASSURANCE

Goal
To promote safe, effective and sustainable good quality traditional medicine in Kenya

Strategic Objectives
   i.   To harmonize the product quality
  ii.   To improve traditional medicine practice
 iii.   To improve confidence in traditional medicine products
 iv.    To avail traditional medicine to a wider population
  v.    To promote/popularize indigenous Kenyan traditional medicine internationally

Policy Targets
   i.   Education, social marketing, and capacity building of medicinal plants and Traditional
        Medical Practitioners
  ii.   Strengthening traditional medicine in the national health care system
 iii.   Registration of Traditional Medical Practitioners
 iv.    Development of national pharmacopoeia and standardization of products manufacture.
  v.    Recognition and reward of innovations in traditional medicine
 vi.    Promote applied scientific research into traditional medicine
vii.    Identification, characterization and conservation of medicinal plants
viii.   Documentation of indigenous medical knowledge and inventorying of medicinal plants.

Priority Policy Actions


Development, approval, and publication of legislation for regulation of traditional medicine at
ministerial level.




                                                18
Policy Interventions on Validation of TM and MP

   i.   Compilation of a database comprising of all medicinal plants and approved medicinal
        plants products in the country.

  ii.   Enhancement of the provision of any necessary information on MP (efficacy and safety
        in particular) to the consumers.

 iii.   Institution of stringent registration, certification and monitoring procedures for TMPs .

 iv.    The Government should offer both administrative and technical support. Administrative
        support should include funding while technical support should cover TM practice,
        capacity building and research. Appropriate training to traditional practitioners in basic
        hygiene, disease prevention, management skills and general technology is necessary,
        while research is required for further development and refinement of therapeutic products
        and procedures to the highest standards possible.

  v.    The technological and human resource capacity of a national body mandated to
        coordinate the scientific evaluation; standardization and approval of MP products should
        be strengthened. However, there should be proper cooperation and collaboration among
        the institutions/stakeholders involved in matters of TM and MP.

 vi.    The process of quality determination should be linked or affiliated to existing bodies like
        the PPB, National Quality Control Laboratory, Research Institutions and Universities.

vii.    Functional mechanisms to link traditional and modern technology should be put in place
        to enhance the mainstreaming of TM into the national health care system.

viii.   Guidelines on dissemination of information on MP proven to be of high therapeutic
        value/economic     importance      should    be   developed   in   order   to   protect     the
        national/community interests.




                                                    19
SECTION FOUR: COMMERCIALIZATION AND MARKETING

Goals
The goal is to have a policy that will;

   i.          Integrate Traditional Medicinal products and practitioners into the commercial sector to
               enhance income at the individual, community and national level and improve health in
               the country.
  ii.          Enhance partnership, increase financial and technological input in product development
               and,
 iii.          Enhance protection of property rights and ensure equity distribution of benefits

Strategic Objectives
          i.      To create a National traditional medicine Board to coordinate and oversee
                  commercialisation and marketing activities.
         ii.      To promote acceptability of traditional medicine and medicinal plants products and
                  their integration into the commercial system
        iii.      To ensure an enabling environment that promotes Access and Benefit Sharing (ABS)
                  through mechanisms such as Bonn guidelines (CBD).
        iv.       To promote protection of individual property rights through national, regional and
                  international institutions
                  To establish strategies that promotes partnership in product development involving
                  Traditional Medicine Practitioners, communities, commercial partners and other
                  relevant institutions guided by Prior Informed Consent (PIC) and Mutually Agreed
                  Terms (MAT).
         v.       To develop strategies that promotes investment and financing for the processes of
                  product development, value addition and marketing.
        vi.       To establish a TM/MP commercialisation and marketing information systems
        vii.      To build capacity of partners in commercialisation and marketing TM products and
                  services.

Policy targets


          i.      Private financing institutions such as micro-credit providers and public finance
                  through government institutions
         ii.      Traditional medicine practitioners
        iii.      The society as consumers of the TM products


                                                       20
     iv.   Public and private research institutions and researchers
     v.    Industrial players involved in production, processing, packaging and marketing of
           medicinal products

Priority Policy Actions
      i.   Coordinate activities of Traditional Medical Practitioners and the commercialisation
           and marketing of traditional medicine and medicinal plants

     ii.   Mainstream traditional medicine into the national health care system

    iii.   Create linkage, enhance information exchange and remove mistrust between
           Traditional Medical Practitioners, research institutions, commercial partners and
           government.

     iv.   Enhance capacity building, increase research and technology adoption/adaptation on
           commercialisation and marketing traditional medicine and medicinal plants

     v.    Encourage government financial support to the sector, investment, integration into the
           national development programmes and market access

     vi.   Put in place mechanisms for effective access and benefit sharing and stem the loss
           and bio piracy of knowledge on traditional medicine and medicinal plants held by
           Traditional Medical Practitioners and local communities.

    vii.   Inventory and monitoring of the resource base, users, current technologies and socio-
           economic impacts of traditional medicine and medicinal plants


Policy Interventions

The key strategies will be
      i.   Increase public and private financing to the sector and commercialisation processes
     ii.   Facilitate development TM products with higher acceptability to consumers
    iii.   Facilitate partnership in product development
     iv.   To develop a policy framework that allows the protection of intellectual property and
           enhances partnership.




                                               21
       ANNEX I:         ORGANIZATIONAL CHART FOR INTER – MINISTERIAL COMMITTEE ON TRADITIONAL MEDICINE

                                                    Ministry of Planning and National Development



                                    Inter-Ministerial Committee on Traditional Medicine and Medicinal Plants
                                    Chair: Permanent Secretary, Ministry of planning and National Development
                                    Members:
                                         Ministry of Agriculture
                                         Ministry of Environment and Natural Resources
                                         Ministry of Trade and Industry
                                         Ministry of Health
                                         Ministry of Education Science and Technology
                                         Ministry of Gender, Sports Culture and social Services
                                         Attorney General
                                         University of Nairobi
                                         National Museums of Kenya
                                         National Council for Population and Development
                                         NGO Representative
                                         Private Sector Representative
                                                                 NCPD SECRETARIAT


Conservation Sub-Committee          Sub- Committee on Commercial            Sub-Committee on Production and     Sub- Committee on Safety, Efficacy &
NEMA (Chair)                        Devpt and Marketing                     Domestication                       Quality
Members                             Ministry of Trade and Industry (        Ministry of Agriculture (Chair)     Ministry of Health (Chair)
 Traditional Medicine              Chair)                                  Members                             Members
                                                                                                                 Traditional medicine Practitioners
   Practitioners                    Members:                                 Traditional Medicine
                                                                                                                 NCPD
 MDGS and Culture                   Traditional Medicine                     Practitioners                     Kenya medical Research institute
 Kenya Wildlife Services              Practitioners                         Kenya Medical Research             National Aids Control Council
   (KWS)                             Kenya medical Research                   Institute                         University of Nairobi
 National Museums of Kenya            institute                             Kenya Forest Research              Kenyatta University
 Forest Department                  Ministry of Health                       Institute                         Private Sector
 Kenya forest Research institute    NCPD                                   Kenya agricultural Research        Other research Institutions
 Kenya Industrial Property          Ministry of agriculture                  institute                        TOR
   Institute                         Kenya Indust Research Devpt            Private Sector
 Other Research institutions          Inst                                  Other Research institutions
TOR                                  Private Sector                        TOR
                                    TOR

                                                                       22
ANNEX 2: TERMS OF REFERENCE FOR COMMITTEE AND SUB-COMMITTEES


TERMS OF REFRENCE FOR THE INTER MINISTERIAL COMMITTEE

      i.   To provide overall coordination through regular consultations between key stakeholders
     ii.   To facilitate development of national policies, plans and strategies to regulate and
           stimulate production and commercial development
    iii.   To provide mechanisms for linking into government planning and budgetary processes
           in order to promote sustainability
    iv.    To monitor, review and evaluate the implementation of programme objectives
     v.    Collate all relevant legal frames for the policy to implemented


TERMS OF REFRENCE FOR COMMERCIALISATION AND MARKETING SUB-
COMMITTEE

The terms of reference for the sub-committee were:
      i.   To develop a work programme with clear objectives on how to accomplish commercial
           development and marketing.
     ii.   To invite institutions and other stakeholders to collaboratively take measures to
           implement the work programme.
    iii.   To provide regular updates on new value adding processes and products.
    iv.    Harmonize the legal framework


TERMS OF REFERENCE – DOMESTICATION AND CULTIVATION SUB COMMITTEE


      i.   To develop a work programme with clear objectives on how to accomplish
           domestication and production.
     ii.   To invite institutions and other stakeholders to collaboratively take measures to
           implement the work programme.
    iii.   To provide a strategic plan for integration into the conventional agricultural system.
    iv.    Harmonize legal framework.


The term domestication should be seen to indicate introduction of plants from the wild to a farm,
hence ensure sustainability in production.

                                                 23
The Sub-committee will come up with policy issues that need to be put in place from production
(raw material through processing to final products.
   i.   Identify the plants
  ii.   Study the plants in natural habitats
 iii.   Educating stakeholders
 iv.    Identification of markets
  v.    Involving communities in conservation
 vi.    Consider large scale and small scale
TERMS OF REFERENCE - TRADITIONAL MEDICINE AND MEDICINAL PLANTS SUB
COMMITTEE ON CONSERVATION

This report on Traditional Medicine and Medicinal Plants conservation sets out to achieve the
following objectives: develop a frame work to achieve conservation, sustainable use and equitable
benefit sharing; to internalise the relevant provisions of the Convention on Biological Diversity
(CBD) through public awareness creation and education; inventories knowledge traditional
medicine and medicinal plants; put in place mechanisms for conservation and sustainable utilization
of traditional medicine and medicinal plants; establish institutional framework for traditional
medicine and medicinal plants; identify success, gaps and capacity building needs and harmonize
the legal framework from existing and proposed legislation.

TERMS OF REFERENCE - EFFICACY, SAFETY AND QUALITY OF TRADITIONAL
MEDICINES AND MEDICINAL PLANTS SUB-COMMITTEE
The following were the terms of reference for the sub-committee on efficacy, safety and quality of
TM and MP
   i.   To develop a work programme with clear objectives on how to efficiently and effectively
        attain the standard benchmarks for validation, safety and efficacy of processed medicinal
        plants products.
  ii.   To invite institutions and other stakeholders to collaboratively take measures to implement
        the work programme
 iii.   To regularly provide evidence on how regulatory bodies will be tracking compliance.
 iv.    To provide legal frameworks.




                                                24
ANNEX 3:           POLICY RECOMMENDATIONS

 Note: The objectives and problems are not presented in order of priority

  Objectives                        Issues                                                                Policy recommendations               Responsible
                                                                                                                                               institution
  1.0                                  TMPs operate under many and small associations that are           Creation of a National                MOTI (lead)
  To create a National                  parochial in nature                                               Traditional Medicine Board            AG chambers
  traditional medicine Board to        Infighting and leadership wrangles in the existing associations   (NTMB)                                Ministry of
  coordinate and oversee               Lack of professional standards for operation of TMPs                                                        Culture
  commercialization and                There is no structure that links the government, research                                               NEMA
  marketing activities.                 institutions with TMPs                                                                                  DRSRS
                                       Coordinating and monitoring trends in conservation                                                      Universities
                                       Inadequate capacity to market TM products competitively                                                 KIPI
                                       Inadequate capacity to access credit, technology and markets                                            KEPHIS
                                        due to lack of collective bargaining                                                                    TMP
                                       Lack of a forum to enable TMPs in which articulate their issues                                             associations
                                        and influence policy
                                       Inadequate policy backing for organisation of TMP bodies
                                       Lack of guidelines to govern the relatioshhip between the
                                        indigenous people and researchers
                                       Inadequate access and benefit sharing mechanisms
  2.0                                  Poor marketing strategies                                            Improve marketing                   IP institutions
  To promote acceptability of          Low appeal of the product as a result of poor packaging and           strategies                          KIRDI
  traditional medicine and              presentation                                                         Enhance micro-credit                NEMA
  medicinal plants products and        Lack of funding for product development and raw material              strategies and funding              MOA
  their integration into the            acquisition                                                          Develop codes of ethics and         MOH
  commercial system                    Quacks eroding public confidence in TM/MP                             best practices                      Universities
                                       Inadequate capacity building in processing, packaging and            Encourage development of            Public R and D
                                        marketing                                                             new processing and                   institutions
                                       Inadequate new TM/MP products being developed due to                  packaging technologies
                                        mistrust between development partners                                Encourage the use of
                                                                                                              patents, utility models, trade
                                                                                                              marks and plant variety
                                                                                                              protection
                                                                                                             Develop a curriculum for
                                                                                                              training at all levels


                                                                               25
Objectives                       Issues                                                              Policy recommendations               Responsible
                                                                                                                                          institution
                                                                                                          Employ product/process
                                                                                                           registration
                                                                                                          Incubator facility
3.0                                 Loss of indigenous communities wealth through traditional          Put in place mechanisms that        NEMA
To ensure an enabling                knowledge of biological resources                                   ensure equitable access and         Research and
environment that promotes           Loss of national heritable resources                                benefit sharing.                     Development
Access and Benefit Sharing          CBD provisions and decisions inadequately domesticated             Put in place incentives and          institutions
(ABS) through mechanisms            TMPs feel the local research institutions consistently              disincentives to stem the loss      Intellectual
such as Bonn guidelines              misappropriate or ‘steal’ their knowledge                           and bio-piracy of knowledge          Property
(CBD)                                                                                                    on TMMP.                             institutions
                                                                                                        Develop protocols, code of          NCST
                                                                                                         regulations for partners in         Office of
                                                                                                         TMMP sector.                         President
                                                                                                        Build capacity in negotiation
                                                                                                         skills, entrepreneurship and
                                                                                                         value addition.
4.0                                 Biopiracy                                                          Establish networks to               IP institutions
To promote protection of            Unjustified ownership claims to control genetic resources           promote linkages with               AG
individual property rights                                                                               national, regional and              KIRDI
through national, regional and                                                                           international institutions          NEMA
international institutions                                                                              Encourage Codes of Ethics           MOA
                                                                                                         and Practices in research and       MOH
                                                                                                         academic institutions to            Universities
                                                                                                         govern the relationship with        Public R and D
                                                                                                         TMPs and indigenous                  institutions
                                                                                                         communities.
5.0                                 Lack of inputs and land for large scale farming of MP              Prioritizing and monitoring         Ministry of
To develop strategies which         High costs of inputs in farming MP                                  resource base, users,                Trade and
promote investment and              Low volume of raw materials                                         technologies and                     Industry
financing for the processes of      Lack of continuity in supply                                        socioeconomic impacts of            Investment
product development, value          Inadequate research in domestication                                financing product                    Promotion
addition and marketing.             Poor access to germplasm                                            development, value addition          Authority (IPA)
                                    Inadequate outreach services to support access to information       and marketing of traditional        KIRDI
                                     and technology for sustainable exploitation                         medicine and medicinal              IP institutions
                                                                                                         plants (TM/MP).                     Ministry finance
                                    Lack of collateral/credit facilities
                                                                                                        Making technology                    and planning
                                    Unfavourable market incentives
                                                                                                         development, value addition
                                    Variability in quality and quantity of TM


                                                                            26
Objectives                      Issues                                                               Policy recommendations              Responsible
                                                                                                                                         institution
                                   Access to market outlets                                           and marketing of TM/MP
                                   Limited information                                                more user oriented
                                   Limited capacity of TMPs to utilize available market              Establishing TM/MP
                                    information                                                        innovation fund
                                   Lack of funds
                                
6.0                                Lack of adequate linkage and partnership in product              Assessing information needs on        MOTI
To establish traditional            development and marketing                                           forms of commercializing            TMP
medicine and medicinal plants      Poor information exchange                                           and marketing of TM/MP;              associations
(TM/MP) commercialization          Lack of trust between knowledge holders and R and D              Establishing and strengthening        NEMA
and marketing information           institutions                                                        information sharing and             Universities
systems                            Duplication of roles and work                                       networking between (among)          R and D
                                   Unclear mandates                                                    stakeholders;                        institutions
                                   Lobbying and advocacy in promoting tm/mp agenda is               Facilitating access and use of        IP institutions
                                    comprised                                                           knowledge –for increased            Proposed board
                                                                                                        commercialization and
                                                                                                        marketing of TM and MP.
                                                                                                     Liaisons with associations in
                                                                                                        the region and other countries
7.0                                TMPs not trained on quality, safety, packaging and preservation    Evaluating capacity                 MOTI
To build capacity of partners       of their products                                                     building needs and                TMP
in commercialization               Inability to fully utilize market channels and information            promoting technologies             associations
and marketing traditional          Inadequate capacity on financial management and record                together with clients and         Intellectual
medicine ™ products and             keeping                                                               partners for increased             Property
services.                          TM shrouded in secrecy                                                adoption;                          institutions
                                   Loss of knowledge due to lack of institutionalised system to       Strengthening training of           Research and
                                    pass the knowledge                                                    stakeholders according to          Development
                                   Lack of documentation of the knowledge as reference for               prioritized short, medium          institutions
                                    training                                                              and long-term needs at            Universities
                                                                                                          different levels of TM/MP
                                                                                                          commercialization and
                                                                                                          marketing;
                                                                                                       Develop and evaluating
                                                                                                          packaging of technologies
                                                                                                       Develop a Reference Center




                                                                          27
Objectives                           Issues                                                          Policy recommendations               Responsible
                                                                                                                                          institution
1.0                                     TMPs operate under many and small associations that are        Creation of a National            AG chambers
Coordinate activities of TMPs and        parochial in nature                                             Traditional Medicine Board        Ministry of
the commercialisation of TM and MP      Infighting and leadership wrangles in the existing              (NTMB)                                Culture
                                         associations                                                   Government support                NEMA
                                        Lack of professional standards for operation of TMPs            through registrar of societies    DRSRS
                                        There is no structure that links the government, research                                         Universities
                                         institutions with TMPs                                                                            KIPI
                                        Coordinating and monitoring trends in conservation                                                KEPHIS
                                        Inadequate capacity to market TM products competitively                                           TMP
                                        Inadequate capacity to access credit, technology and                                                  associations
                                         markets due to lack of collective bargaining
                                        Lack of a forum to enable TMPs in which articulate their
                                         issues and influence policy
                                        Inadequate policy backing for organisation of TMP
                                         bodies
                                        Lack of guidelines to govern the relatioshhip between the
                                         indigenous people and researchers
                                        Inadequate access and benefit sharing mechanisms
2.0                                     Low income to TMPs                                             A two-system approach in            Ministry of
Mainstream TM into the national         Marginalization of TM and TMPs.                                 hospitals and clinics. That is       Health
health care system                      Inadequate information on chemical composition,                 parallel TMP and                    Proposed board
                                         application, dosage, and effects                                conventional medicine               AG chambers
                                        Lack of authenticated shelf life                               A combination of modern
                                        Lack a credible list of products and diseases they cure         diagnostic techniques and
                                        The lack of adequate industrial volumes of TM to sustain        option of treatment by either
                                         the demand if mainstreamed                                      traditional medicine or
                                                                                                         conventional medicine
                                                                                                         within the health care
                                                                                                         system (hospitals)
3.0                                     Lack of adequate linkage and partnership in product            Develop a Reference Center          NEMA
Create linkage and enhance               development and marketing                                       where key players meet and          Universities
information exchange between            Poor information exchange                                       bring issues for                    R and D
commercial partners, TMPs and           Lack of trust between knowledge holders and R and D             consideration.                       institutions
research                                 institutions                                                   Develop mechanisms to               IP institutions
                                        Duplication of roles and work                                   facilitate contractual              Proposed board
                                                                                                         arrangement in access and


                                                                         28
Objectives                            Issues                                                           Policy recommendations              Responsible
                                                                                                                                           institution
                                         Unclear mandates                                                 benefit sharing
                                         Lobbying and advocacy in promoting tm/mp agenda is              Develop a database for
                                          comprised                                                        information exchange and
                                                                                                           sharing
4.0                                      TMPs not trained on quality, safety, packaging and              Give incentives to                 Intellectual
Enhance capacity building, research       preservation of their products                                   encourage disclosure in             Property
and technology adoption/adaptation       Inability to fully utilize market channels and information       form of intellectual property       institutions
                                         Inadequate capacity on financial management and record           rights and other benefits          Research and
                                          keeping                                                         Document information into           Development
                                         TM shrouded in secrecy                                           manual and institutionalise         institutions
                                         Loss of knowledge due to lack of institutionalised system        training                           Universities
                                          to pass the knowledge                                           Harmonised curriculum
                                         Lack of documentation of the knowledge as reference for      
                                          training
                                         Inadequate funding and support for phytochemical                Increase government                NEMA
                                          analysis of commonly used MP                                     financial support of TM            Universities
                                         Inadequate multi-sectoral and multi-disciplinary approach        commercialisation and              R and D
                                          in research of MP/TM                                             marketing                           institutions
                                         Inadequate awareness on ABS among scientists and                Build networks and                 IP institutions
                                          researchers                                                      encourage partnerships in          MOH
                                         Lack of guidelines to govern the relationship between the        product development and            KARI
                                          indigenous people and researchers                                marketing                          KEFRI
                                         Shelf life of TM unknown                                        Develop and promote an             Ministry of
                                                                                                           awareness strategy on abs           Culture
                                                                                                           among scientists and
                                                                                                           researchers
                                                                                                          Encourage development of
                                                                                                           guidelines based on Prior
                                                                                                           Informed Consent (PIC) and
                                                                                                           Mutually Agreed Terms
                                                                                                           (MAT) to govern the
                                                                                                           relationship between the
                                                                                                           partners




                                                                          29
Objectives                            Issues                                                        Policy recommendations               Responsible
                                                                                                                                         institution
5.0                                      Lack of inputs and land for large scale farming of MP        Support through and micro-        KEFRI
Encourage investment, financial and      High costs of inputs in farming MP                            credit, technical and market      Research and
technical support in raw materials       Low volume of raw materials                                   information                           Development
production and marketing.                Lack of continuity in supply                                 Revamp extension and                  institutions
                                         Inadequate research in domestication                          outreach services                 KEPHIS
                                         Poor access to germplasm                                     Promote appropriate               MOA
                                         Inadequate outreach services to support access to             technology                        Forest
                                          information and technology for sustainable exploitation      Avail germplasm                       Department
                                         Lack of collateral/credit facilities                         Set aside land for                Ministry of
                                         Unfavourable market incentives                                domestication activities              Finance and
                                                                                                       Guidelines for access to              planning
                                                                                                        forests
                                         Variability in quality and quantity of TM                    Incorporate illiterate or semi      Ministry of
                                         Access to market outlets                                      illiterate herbal medicine           Trade and
                                         Limited information                                           practitioners in                     Industry
                                         Limited capacity of TMPs to utilize available market          commercialisation and               KIRDI
                                          information                                                   marketing.                          IP institutions
                                         Lack of funds                                                Avail market information to         Ministry finance
                                                                                                        the marginalized population          and planning
                                                                                                        that harvest
                                                                                                       Structure to control
                                                                                                        variability and quantity of
                                                                                                        TM
6.0                                      Loss of indigenous communities wealth through                Domesticate the voluntary           NEMA
Create an enabling environment for        traditional knowledge of biological resources                 Bonn guidelines (CBD VII-           Research and
access to genetic resources and its      Loss of national heritable resources                          19) on Access and Benefit            Development
related knowledge                        CBD provisions and decisions inadequately domesticated        Sharing                              institutions
                                         TMPs feel the local research institutions consistently       Encourage Intellectual              Intellectual
                                          misappropriate or ‘steal’ their knowledge                     Property based ABS system            Property
                                                                                                        for long-term sustainability         institutions
                                                                                                        of benefits.                        NCST
                                                                                                       Encourage the contractual           Office of
                                                                                                        ABS system where high                President
                                                                                                        input in product
                                                                                                        development is required.
                                                                                                       Encourage Codes of Ethics
                                                                                                        and Practices in research


                                                                          30
Objectives                                Issues                                                           Policy recommendations             Responsible
                                                                                                                                              institution
                                                                                                               and academic institutions to
                                                                                                               govern the relationship with
                                                                                                               TMPs and indigenous
                                                                                                               communities.
7.0                                          Unsustainable utilization                                       Establish a functional            DRSRS
Inventorize the resource base, users,        Predictability of production volumes of TM/MP is low             database                          NMK
current technologies and socio-              Inappropriate technologies                                      Carry out inventory of the        Universities
economic value                               Inadequate data on raw material availability for investors       resource base and user            Research
                                                                                                               groups                             Institutions
                                                                                                              Undertake a needs                 Forest
                                                                                                               assessment to identify gaps        Department
                                                                                                               in technology                     NEMA
                                                                                                              Institute measures to
                                                                                                               address the gaps in current
                                                                                                               technology
                                             MP not integrated in the mainstream economic planning           Survey the extent of use and      Ministry of
                                              and development.                                                 value in the informal sector       culture
                                             GDP does not reflect the immense of TM/MP                        and magnitude of                  Ministry of trade
                                              contribution                                                     dependence on MP and               and industry
                                             TM/MP undervalued by middlemen and end users                     TMP.                              Ministry of
                                             TM/MP not mainstreamed into the health sector                   Include TM and TMPs in             finance and
                                             Communities overexploited                                        the national economic              planning
                                                                                                               planning and development          Ministry of
                                                                                                                                                  health
                                                                                                                                                 NEMA
                                                                                                                                                 KIPI
                                                                                                                                                 Universities
8.0                                          Poor marketing strategies                                       Improve marketing                 IP institutions
Promote acceptability of TM/MP               Low appeal of the product as a result of poor packaging          strategies                        KIRDI
products and their integration into the       and presentation                                                Enhance micro-credit              NEMA
commercial system                            Lack of funding for product development and raw                  strategies and funding            MOA
                                              material acquisition                                            Develop codes of ethics and       MOH
                                             Quacks eroding public confidence in TM/MP                        best practices                    Universities
                                             Inadequate capacity building in processing, packaging           Encourage development of          Public R and D
                                              and marketing                                                    new processing and                 institutions
                                             Inadequate new TM/MP products being developed due to             packaging technologies
                                              mistrust between development partners                           Encourage the use of


                                                                               31
Objectives   Issues        Policy recommendations               Responsible
                                                                institution
                               patents, utility models, trade
                               marks and plant variety
                               protection
                              Develop a curriculum for
                               training at all levels
                              Employ product/process
                               registration
                              Incubator facility




                      32
POLICY RECOMMENDATIONS

 Objective                             Issues                                                           Recommendations                            Responsible
                                                                                                                                                   institutions
 1.0                                      Over-exploitation of medicinal plants;                          Develop/promote research on             KWS
 Establish population status of most      Habitat loss and environmental degradation;                      sustainable harvesting techniques       Universities
 medicinal plants                         Local extinction due to intensive harvesting;                   Take stock of medicinal plants and      NEMA
                                          Use of already threatened species;                               establish their distribution.           KEFRI
                                          Lack of mechanisms for post harvesting and continuous           Promote sustainable harvesting          Forest Department
                                           monitoring of medicinal plants population status;                through regulation of commercial        TMPs Associations
                                          Harvesting quotas or licenses for commercial harvesting          harvesting that is pegged to            NGOs
                                           are not pegged to planting quotas to allow sustainability;       planting quotas and sustainable         National research
                                          Maintaining medicinal plants harvest and trade within            yield.                                      institutions
                                           sustainable levels;                                             Establish of a research authority       KARI
                                          Unsustainable harvesting techniques.                             independent from management             NMK
                                                                                                            authorities to undertake inventory,
                                                                                                                                                    KEPHIS
                                                                                                            pre-harvest and post harvest
                                                                                                                                                    Government
                                                                                                            monitoring.
                                                                                                                                                        Departments
                                                                                                           Reduce habitat loss by establishing         (MWDI, MOA)
                                                                                                            mechanisms to reduce habitat
                                                                                                            degradation. Inadequate research
                                                                                                            into MP and TM
                                                                                                           Establish a centre of excellence for
                                                                                                            promotion of best practices,
                                                                                                            demonstrations,
                                                                                                           Legal framework to regulate and
                                                                                                            enhance conservation




                                                                            33
Objective                             Issues                                                           Recommendations                           Responsible
                                                                                                                                                 institutions
2.0                                      Bio-priracy,, scientists stealing knowledge from TMPs           Harmonize legislation related to       Universities
To enhance Exploitation of               Control and ownership of genetic resources;                      Intellectual Property Rights, stem     Ministry of
knowledge in Traditional Medicine        Access to genetic resources, associated knowledge and            bio-piracy and control improper            Education
and Medicinal Plants with                 equitable benefit sharing and ultimate use;                      outflow of research information on     National Council
commensurate returns at individual,      No agreement on how research findings are used and by            Medicinal Plants and Traditional           of Science and
community and national levels             whom;                                                            Medicine.                                  Technology
                                         International institutions conduct research in the country                                              Attorney General
                                          on MP without contractual agreement with local resource         Promote Access and Benefit                 Chambers
                                          owners;                                                          Sharing (ABS) partnerships as a        Kenya Industrial
                                         Intellectual Properties                                          source of sustainable economic             Property Institute
                                         Appropriate technology, promotion for, value-adding and          development,       providing    the
                                                                                                           country and its stakeholders with        Relevant NGOs
                                          packaging
                                                                                                           benefits such as improved capacity       Kenya Wildlife
                                         Integrated management of medicinal plants in overall
                                                                                                           for conservation, new products and        Services
                                          habitat conservation.
                                                                                                           income to meet basic needs as well       National
                                                                                                           as support for          value-added       Environment
                                                                                                           scientific research.                      Management
                                                                                                                                                     Authority
                                                                                                          Improve      networking       among      Kenya Forestry
                                                                                                           stakeholders through establishment
                                                                                                           of linkages and partnerships with
                                                                                                           the private sector, researchers and      National
                                                                                                           organizations that deal with              Environment
                                                                                                           conservation. Enhancement of              Management
                                                                                                           research that is demand orientated.       Authority
                                                                                                           The scientists should enter into         Universities
                                                                                                           contractual agreements with the          Traditional
                                                                                                           TMPs. Measures will be put in             Medicine and
                                                                                                           place to deter non-compliance to          Medicinal Plants
                                                                                                           the contracts specifications.            Ministry of Culture
                                                                                                                                                     and Social Services
                                                                                                          Strengthen TMP Associations to
                                                                                                           address the conduct of middlemen         Copy Right Office
                                                                                                           among other issues to reduce the
                                                                                                           exploitation of the knowledge
                                                                                                           holders without benefits accruing
                                                                                                           to them.



                                                                          34
Objective                            Issues                                                        Recommendations                              Responsible
                                                                                                                                                institutions
3&4                                     Lack of institutional coordination and collaboration in      Provision of legal basis and policy       Ministry of
To put in place a Harmonized and         Medicinal Plant                                               guidelines to address Traditional             Planning and
Regulated Intuitional Framework on      Lack of effective regulation and support of TM and MP         Medicine development including                National
Traditional Medicine and Medicinal      Inadequate awareness and education of all levels on TM        creation of medical schools,                  Development
Plants                                   and MP                                                        conservation,       research,      and
                                        Proliferation of quacks due to the lack of a system to        learning institutions.                      Ministry of
                                         identified qualify TMPs                                      Promotion         of      Traditional        Environment and
                                        Inadequate use of indigenous knowledge in the                 Knowledge Systems to enhance the             Natural Resources
                                         conservation of TM and MP                                     role of Traditional Medicine in
                                                                                                       Kenya’s search for effective                National
                                        Lack of an umbrella body to co-ordinate activities of         medical care and health services             Environment
                                         TMPs                                                          that are available, accessible and           Management
                                        Loss of knowledge through death of TMPs and cultural          affordable to a wide range of                Authority
                                         erosion                                                       people. This will be achieved
                                        Definition of Traditional Medicine                            through mainstreaming of TM/MP              Ministry of
                                                                                                       into the national health care system         Education
                                        TM is shrouded in secrecy
                                                                                                      Promotion of proper packaging
                                         Formal education and religion act against TM
                                                                                                       regulated, pricing and harmonized           Ministry of Health
                                        Negative press on TM and MP arising from
                                                                                                       information gathering criteria thro
                                         multinationals driven by profit
                                                                                                       exclusions, exposure and training           Kenya Medical
                                        Lack of mainstreaming TM and MP in health care and
                                                                                                      Umbrella body to regulate pricing            Research Institute
                                         education system
                                                                                                       policy
                                        Inadequate support for TM from the government
                                                                                                      Harmonization of information                Universities
                                        Lack of institutional coordination and collaboration
                                                                                                       gathering tool for validation
                                        Lack of effective harmonised legislation                      documentation and dissemination             Kenya Forestry
                                        Existence of legislation that negatively impacts on TM       Strengthen        and        establish       Research Institute
                                                                                                       mechanisms that will ensure efforts
                                                                                                       of players at national level are co-        Ministry of Culture
                                                                                                       coordinated and integrated into              and Social Services
                                                                                                       research, policy formulation and
                                                                                                       implementation of programs on
                                                                                                       conservation
                                                                                                      Promote close linkages and
                                                                                                       partnership        between        lead
                                                                                                       conservation agencies, researchers,
                                                                                                       TMPs and business community
                                                                                                      Establish and strengthen the



                                                                       35
Objective                           Issues                                                       Recommendations                             Responsible
                                                                                                                                             institutions
                                                                                                     existing database on TM/MP and
                                                                                                     development        appropriate     to
                                                                                                     dissemination channels
                                                                                                    Involve people and promote their
                                                                                                     traditional      knowledge        for
                                                                                                     protection and management of
                                                                                                     medicinal plants.
                                                                                                    Establish       an      institutional
                                                                                                     framework to control and advice
                                                                                                     on the management of medicinal
                                                                                                     plants and utilization.
                                                                                                    A combination of research on best
                                                                                                     harvesting techniques, effective
                                                                                                     monitoring systems, consideration
                                                                                                     of peoples biodiversity needs and
                                                                                                     their involvement management and
                                                                                                     conservation. Develop alternative
                                                                                                     resources and incomes

5.0                                    Methods of propagation have not been researched             Establishment of a multi-sectoral          Office of the
Enhance research into traditional      Inadequate information on the biology of MP                  body that will facilitate and               President
medicine and medicinal plants           (reproduction, genetic, phenotypic research) abundance       promote research on medicinal              AG Chambers
                                        and chemical extract variation.                              plants through advocacy, resource          Ministry of
                                       Inadequate information on sustainable harvesting             mobilization and inform policy              Finance
                                        techniques.                                                  makers on research findings;               KEFRI
                                       Inadequate information on methods of value addition          The establishment of centralized          Universities
                                       Uncoordinated research with no national database             database on research activity,             NEMA
                                       Lack of an umbrella body (coordinating                       researchers and outputs be                 KEMRI
                                        forum/SEC/council for TM/MP research to communicate          established                                MOE
                                        research findings to policy makers)                         Increase local funding for research        MOH
                                                                                                                                                MENR
                                                                                                                                                MOA
                                                                                                                                                KIPI
                                                                                                                                                KEPHIS




                                                                      36
Objective                             Issues                                                         Recommendations                           Responsible
                                                                                                                                               institutions
6.0                                      Lack of a funding and system to promote TM products           Creation of mechanism or board to      AG chambers
Encourage equitable distribution of       and processes                                                  regulate trade and ensure              Ministry of Health
revenue from trade in medicinal          Inadequate integration of TM into conventional medicine        equitability and fairness in the       Ministry of Trade
plants thus minimize                     Lack of coordination and regulation between harvesters,        harvesters, agents, exporters and          and Industries
overexploitation                          agents, exporters and importing companies                      international importers chain;         KIPI
                                         No addition of value to raw MP products                       Remove legislative disincentives to    KEPHIS
                                         Inappropriate harvesting and processing methods                harvesting and trade in TM/MP          Office of the
                                         Inadequate participation of stakeholders in the                and Government financial support           President
                                          exploitation, accesses of resources and benefits Sharing       of the sector;                         KEMRI
                                         The knowledge belong to the community but the genetic         Promote integration of traditional     Agriculture
                                          resource is a national wealth                                  medicine sector into other sectors     TMPs Associations
                                         Lack of legal framework for partnership in product             on the economy
                                          development                                                   Create a mechanism or authority
                                                                                                         independent from management to
                                                                                                         monitor pre-harvest, post harvest
                                                                                                         and recommend harvest levels;
                                                                                                        Encourage communities to develop
                                                                                                         guidelines or protocols that define
                                                                                                         the relationship between the
                                                                                                         relationship between the
                                                                                                         indigenous people and commercial
                                                                                                         harvesters;
                                                                                                        Encourage and provide incentives
                                                                                                         on value addition before export;
                                                                                                        Establishment of a legal
                                                                                                         mechanism for partnership in
                                                                                                         product development




                                                                         37
           ANNEX 4: PROPOSED INSTITUTIONAL FRAMEWORK
                                                       Coordinating Agency/Board (CEO)




                                MOC&SS                              MOH                          MPND




                             Quality Assurance (Research Institutions, Universities, Regulatory bodies



                                                            TM Association Board


.
                                                               TM Practitioners



    NB/ An independent body that should be linked to the MOH




                                                                   38
Proposed Institutional Framework

The inter-ministerial committee under which the domestication and cultivation sub-committee
should recognize the need to create a unit that comprises of the experts/disciplines needed for a
program of domestication and cultivation to take off. These will include, but is not limited to the
following, who will make up the Collaborating Institutions:

 Agronomists                        To develop and improve existing techniques for cultivating
                                    medicinal plants
 Conservation        campaigners/ To persuade and educate the public of the need and methodologies
 educationists                    to conserve medicinal plants
 Ecologists                         To understand the ecosystems in which medicinal plants grow

 Ethnobotanists                     To identify the use of the plants as medicines in traditional societies

 Health policy makers               To include conservation and utilization of medicinal plants in their
                                    policy and planning
 Horticulturalists                  To cultivate medicinal plants

 Legal experts                      To develop effective legal mechanisms ensure that collection of
                                    medicinal plants is at levels that are sustainable
 Plants breeders                    To breed improved strains of medicinal plants for cultivation

 Plant genetic resource             To assess and map the genetic variation in medicinal plants and
 specialists                        maintain seed banks of medicinal plants
 Crop protection specialists        To protect the cultivated medicinal plants and develop integrated
                                    pest and disease management strategies
 Sociologists                       To evaluate and understand the socio-cultural dimensions of
                                    domestication and cultivation of medicinal plants
 Resource economists                To evaluate the patterns of use and the economic values of
                                    medicinal plants
 Seed biologists                    To understand the germination and storage requirements of the seed
                                    of different medicinal plants
 Taxonomists                        To identify the medicinal plants accurately

 Traditional health practitioners   To provide information on the uses and availability of medicinal
                                    plants

There is the need for an umbrella body to co-ordinate all the thematic areas as indicated in the
proposed        institutional      framework         in         the       diagram         below


                                                 39
PROPOSED INSTITUTIONAL FRAMEWORK




                                                       Coordinating Ministry




                                                         Coordinating Agency




          Social Services           Agriculture                 Health              Natural Resorces         Education




  CI          CI        CI     CI      CI         CI     CI         CI         CI   CI        CI       CI   CI      CI   CI




       CI -        Collaborating Institutions




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