BARINGO, Kenya- Kenya Wildlife Service (KWS) made a bid in 2004 for a portion of the earnings from a biotechnology company that makes chemicals that are used to fade and soften denim jeans.
According to KWS, the compounds were initially made from microorganisms illegally removed from Kenyan lakes by the US company Genencor.
Two types of bacteria known as “extremophiles” live in the extremely alkaline Lake Bogoria and Lake Nakuru, where the water is hot and soapy. They produce the compounds.
A microbiologist from the University of Leicester in the United Kingdom found the bacteria in the lakes in 1992.
Genencor later patented the chemicals and mass-produced them by cloning the bacteria.
KWS claimed that the bacteria were obtained without the required authorization from Kenya’s Ministry of Education and that it needed to be informed of the research.
However, according to Genencor, the project received approval from the National Council for Science and Technology, another Kenyan institution.
Lake Bogoria National Reserve senior warden James Kimaru told Y News that the state has since ratified a protocol for conservation and a benefit-sharing mechanism.
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity is an international agreement that aims to share the benefits arising from the utilization of genetic resources in a fair and equitable way.
It entered into force on 12, 2014, 90 days after the date of deposit of the fiftieth instrument of ratification.
“This has brought down to the prior inform concept, which is a document ratified by key stakeholders in terms of management. Baringo county government is part of the signatories of Prior Involved Council (PIC) through the biological protocol, which is actually a community-driven protocol,” said Kimaru.
For his part, William Kimosop, the Baringo county Chief Warden, disclosed to Y News that following the discovery of the microbe in Lake Bogoria, the Kenyan government engaged all the concerned parties, both in court and on a one-on-one basis, a move that saw KWS get paid a royalty of KSh 52 million.
“However, out of this, only KSh 2 million came back to the county government, and it was also given to the community,” said Kimosop.
According to Kimosop, the local community around Lake Bogoria had no information, and the laws didn’t require it at that time.
“So, this was just something that came out probably because if companies declare that this is a natural product, then they must declare where they came from, and this is how we came to know about it,” he added.
Kimosop said there must be an arrangement for the regular remittance of royalties in such a situation.
“The local community here is the Endorois community that has developed the bio-cultural protocol with the support of the conservation community. This is a very detailed process any scientist would engage in not just starting the research activity, but they must also declare the findings,” Kimosop said.
If any findings result in benefits, Kimosop said there must be mutually agreed-upon benefits that come back to the community.
Baringo County Conservation Association (BCCA) CEO Susan Jepkemoi said the Endorois community felt that they had more resources than they really knew because of the loss of natural resources.
“So, this created a lot of awareness among the community, and there was a need to protect their communal land and document some of their natural resources,” she explained.
Jepkemoi said that at the moment, the community is working with BCCA to strengthen its governance structure, build entrepreneurs’ skills, and model their natural resources as viable businesses that can support their livelihoods.
“Baringo South is one of the sub-counties where poverty is rampant, and the area is affected by long droughts. As BCCA, we work closely with these communities to conserve and protect their natural resources for sustainable livelihood,” she said.
Kimaru further revealed that, as KWS, they have done a lot of awareness work on the concept that prior involvement should actually be a document that must be adhered to.
“The host community must be allowed to see how the research is being conducted, and the research findings must be shared with the relevant authorities, the community being part of them,” he explained.
Opinion leader Johanna Karatu of the Endorois community claimed they have never profited from lake research.
“The nature of the foreign research conducted was not even disclosed to us.”
For many years, the local communities used the salty lake waters to wash their garments and cure various diseases.
However, no respectable celebrity can be seen without a pair of faded jeans in their closet today.
