ABSTRACT

The protection of traditional knowledge (TK) and the development of effective and appropriate frameworks for its protection have, for a long time, eluded policy makers at the global, regional and national levels. Current global efforts towards the development of measures for TK protection are a testament to this. Prevailing intellectual property laws, environmental and human rights frameworks, and institutions that are mandated to protect traditional knowledge and existing literature have not examined the role of traditional governance institutions in the protection of TK. This chapter examines the role of traditional governance institutions in Kenya in providing holistic protection to TK. The chapter shows that traditional governance institutions can be used in striking a balance at ensuring both protection and safeguarding of TK.