Configuring a Model Framework Statute on Traditional Medicine for Kenya: To Be Called “The Traditional Medicine Coordination Act”

Abstract

Despite having an impressive policy framework on traditional medicine, Kenya lacks a specific legislation on the same. All it has currently is a plethora of pieces of legislation that are scattered over several sectors and line ministries and touching on one or other aspect of traditional medicine. Although the effective operation of these scattered and fragmented legislation can to some extent promote or impact positively on traditional medicine, they are bedeviled by lack of coordination and harmonization. This paper sets out and critically appraises this fragmented and disjointed character of the existing pieces of legislation on the subject, as well as the glaring lack of coordination and harmonization among them. To attenuate this undesirable state of affairs, this paper has configured for Kenya, a model framework statute (Act of Parliament) on traditional medicine, to be called “The Traditional Medicine Coordination Act”, whose object should be to coordinate and harmonize the several scattered pieces of legislation as well as the inter-agency efforts and agenda on traditional medicine. Apart from its Preamble and Interpretation parts, the said Act should as of necessity have: provisions establishing or designating an institution responsible for traditional medicine; provisions creating offences related to traditional medicine; provisions establishing a professional association of traditional medicine practitioners; provisions on protection of intellectual property; provisions on emergency health care and essential medicines; provisions expressly prohibiting the malevolent use of traditional medicine; a provision asserting the Act’s supremacy on matters relating to traditional medicine; and a saving clause making reference to other or related Acts that have provisions touching on traditional medicine. The resulting coordination and harmonization will streamline the existing legislation as well as enhance and effectuate Kenya’s traditional medicine sector. This form of legislation (i.e. a framework statute) is most desirable given the inter-disciplinarity and inter-sectoriality of traditional medicine. Admittedly, traditional medicine transcends several disciplines and sectors such as health, intellectual property, cultural anthropology, ecology, etc. There therefore arises need for managing cognate matters, actions, and agenda in these cognate disciplines and sectors. Being a commentary, the paper is based on documented research findings of other researchers and scholars, commentaries by commentators on the subject, archival literature, as well as the views and opinion of the author.