Journal of Health, Medicine and Nursing www.iiste.org ISSN 2422-8419 An International Peer-reviewed Journal DOI: 10.7176/JHMN Vol.60, 2019 46 Bio-prospecting of Medicinal Bio-resources from the Kenyan Biodiversity: Reflections on Governance as the Missing Link - A Review Article Micheni Ndii Kiraithe 1,4 * Muthee John K. 2 Mathiu Peter M. 3 Muthama Nzioka J. 4 1.School of Biological Sciences, College of Biological & Physical Sciences, University of Nairobi, P.O Box 30197-00100, Nairobi, Kenya. 2.Department of Clinical Studies, College of Agriculture & Veterinary Sciences, University of Nairobi, P.O Box 29053-00625, Nairobi, Kenya. 3.Department of Veterinary Anatomy and Physiology, College of Agriculture & Veterinary Sciences, University of Nairobi, P.O Box 29053-00625, Nairobi, Kenya. 4.Wangari Maathai Institute of Peace and Environmental Studies, University of Nairobi, `P.O Box 29053-00625, Nairobi, Kenya. The research was financed by National Research Fund Agency, Kenya (Ref. No. A82/51244/2016). Abstract Medicinal biodiversity has since times immemorial served as one of the richest sources of bio-prospecting leading to the discovery of novel drugs for mankind globally. However, in Kenya, despite the Country being known to be a mega biodiversity hotspot, bio-prospecting has not been very successful mainly due to lack of effective institutional and legal frameworks. This article reviews the policy and legislation instruments governing medicinal biodiversity in Kenya in order to identify their weaknesses and strengths and come up with recommendations for effective economic exploitation of the Country’s’ mega diverse resource. The methodology employed was a qualitative content analysis of relevant biodiversity legislations in Kenya. Results reveal that there has been governance gaps as far as bio-prospecting activities in Kenya are concerned which has rendered the Country’s mega biodiversity vulnerable to bio-piracy at the expense of the poor local communities who are the traditional knowledge owners. There is need to review the current pieces of legislation on medicinal biodiversity and work towards developing a strong National bio-prospecting policy together with an implementation plan. These are important to inform the overall national development agenda, in tandem with Vision 2030. Some of the policies were found out dated and rather obsolete and not serving the current interests and ambitions of the Country. There is therefore a need to revisit the policy and legislative instruments because they will continue frustrating bio- prospecting activities. Moreover, we recommend the creation of a National Institute to coordinate and harmonize the legislations and National policies on medicinal biodiversity to seal loopholes, avoid conflicts and contradictions being experienced in the current legislative and policy frameworks. Keywords: Bio-prospecting; Bio-piracy; Governance; Kenya; Medicinal biodiversity DOI: 10.7176/JHMN/60-05 Publication date:March 31 st 2019 1. INTRODUCTION Biodiversity is the backbone of Kenya’s national economy. Its use value cuts across board into the sectors of agriculture, wildlife, tourism, health, forestry, water, fisheries, and into all areas of ecology and ecosystem services. Globally, it is a well - known fact that the biodiversity base has been eroding gradually but quite fast in the recent times. Anthropogenic activities are wiping out biodiversity and interfering with the smooth functioning of healthy ecosystems whose benefits if lost would be costly to reinstate. The goods and services they provide will become increasingly rare and highly sought after (MA 2005). Likewise, since the advent of modern biotechnology, the establishment of the World Trade Organization (WTO) and the advancement in genetic engineering, there is a rush to mine biodiversity and convert it into a corporate commodity. This mining is commonly referred to as bio-prospecting. Bio-prospecting is the exploration of biodiversity for commercially valuable biological compounds useful as medicines, food, chemicals and, enzymes (Eisner 1989, Reid et al., 1993). It applies to plants, animals and all living organisms, including bacteria and fungi. Bio-prospecting can also include the collection of traditional knowledge relating to the use of these resources from local communities. The wealth of traditional knowledge available in different cultures if subjected to prospecting can yield valuable leads in developing novel drugs/pharmaceuticals of great industrial value. Medicinal biodiversity has served as one of the richest sources of bio-prospecting thus leading to novel drug discoveries that have profoundly contributed to human health (Craig and Newman, 1999). For instance, many of the World’s most valuable and successful medicines have been derived from nature. Bio-prospecting for genetic resources has not only been internationally recognized as important for