JKUAT SCHOOL OF LAW, KAREN CAMPUS

LSC 2214: LAW, SCIENCE AND ETHICS

(1ST ASSIGNMENT, SUBMITTED BY GROPUP 5 ON 24TH OCTOBER, 2022)

ELABORATE ON THE IMPORTANCE OF

SCIENCE, TECHNOLOGY AND INNOVATION
ACT No. 28 Of 2013, IN SCIENTIFIC RESEARCH
(15 MARKS)

GROUP 5 MEMBERS INCLUDE:

Name Registration number
Odhiambo Doryn Atieno LSG 201-C002-0046/2020
Kimigo Difrose Mgohi LSS 201-C002-0101/2020
Kamau Benson Mburu LSS 201- C002- 216/2021

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 DECLARATION
We herby declare that this research proposal entitled “THE IMPORTANCE OF SCIENCE
TECHNOLOGY AND INNOVATION ACT NO. 28 OF 2013, IN SCIENTIFIC
RESEARCH” submitted to Dr. Paul Musila is a record of an original work done by Doryn
Atieno, Benson Kamau and Difrose Kimigo; and that it has not been presented at any other
University or other Examination body or any similar project if any.

1. SIGNED……………………..……….DATED ………………………….
DORYN ATIENO ODHIAMBO

2. SIGNED ………………………………DATED ………………………….

BENSON KAMAU MBURU

3. SIGNED…………………….………….DATED …………………………..
DIFROSE KIMIGO MGOHI

This research proposal has been submitted with the approval of the University Supervisor.

Signature …………………… Date………………………

Supervisor …………………………..

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 ACKNOWLEDGMENT

The dream begins with a teacher who believes in you, who tugs and pushes and leads you to the
next plateau, sometimes pocking you with a sharp stick called ‘truth’. - Dan Rather

From the onset of this research group work, our group received excellent guidance from Dr.
Musila who has patiently taught us how to write a research proposal, and without his guidance
we would never have known this early how to write one. Thank you for the material support, and
for challenging us so we could be better students. We are hopeful that by the time we get to our
fourth year we will have a sense of direction regarding what is expected of us. We are also
grateful to each member of this group for the collaboration and support. We have learnt a lot
from each other.

We want to most sincerely thank our parents and guardians for the hard work they have put in to
create opportunities for us to get an education. We are thankful for the confidence they have in
us and for always challenging us to chase after our dreams with an optimistic and unstoppable
spirit.

Most importantly, a special thank you to God for blessing us with good health and much more
and for always making provision for us. We don’t take for granted that we are where we are
today.

“In ordinary life we hardly realize that we receive a great deal more than we give, and that it’s
only with gratitude that life becomes rich.” - Dietrich Bonhoeffer

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 LIST OF ABBREVIATIONS

CAP Chapters
R Republic
Pg Page
Vs Versus
www World Wide Web
S&T Science and Technology
ST&I Science, Technology and Innovation
NSCT National Council for Science and Technology
ARCs Advisory Research Committees
NCST National Council for Science and Technology
NACOSTI National Commission for Science, Technology and Innovation
IP Intellectual Property
SDG Sustainable Development Goals

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 ABSTRACT

Science and technology are dynamic fields of study which spike up numerous innovations.
Therefore, if science continues to advance, what should be its limits? Where scientific
technologies are ongoing, what types of research are acceptable? An intersection of law in this
drastically growing field is therefore necessary to define the principles that govern its standards
in a conventional, moral and legal spectrum. In January 2013, President Uhuru Kenyatta assented
to the Science, Technology and Innovation Act which is an Act of Parliament enacted to
facilitate the promotion, coordination and regulation of science, technology and innovation in
Kenya so as to boost its progress. This research project seeks to investigate the history of the Act
so as to establish why the Act was enacted and consequently, to explain the importance of the
Act in Scientific research.

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 TABLE OF CONTENTS
1. TITLE PAGE ……………………………………………………………… 1

2. DECLARATION ………………………………………………………….. 2

3. ACKNOWLEDGMENT …………………………………………………… 3

4. LIST OF ABBREVIATION ………………………………………………... 4

5. ABSTRACT ………………………………………………………………… 5

6. INTRODUCTION …………………………………………………………. 7

7. STATEMENT OF PROBLEM……………………………………………… 8

8. RESEARCH OBJECTIVE………………………………………………….. 9

9. RESEARCH QUESTIONS…………………………………………………. 9

10. HYPOTHESIS ……………………………………………………………… 10

11. LITERATURE REVIEW …………………………………………………… 10

12. THEORETICAL FRAMEWORK ………………………………………….. 10

13. CONCEPTUAL FRAMEWORK …………………………………………… 12

14. SCOPE OF STUDY…………………………………………………………. 12

15. LIMITATIONS OF THE STUDY ………………………………….....…… 12

16. JUSTIFICATION OF THE STUDY ………………………………………. 13

17. RESEARCH METHODOLOGY …………………………………………... 14

18. RECOMMENDATIONS AND CONCLUSIONS ………………………… 14

19. REFERENCES …………………………………………………………….. 15

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 1. INTRODUCTION

1.1 Historical Background

This new law repeals the Science and Technology Act, Cap 250 of the Laws of Kenya which was
ratified on July, 1977.

After Kenya attained independence in 1963, the post-colonial government prioritized harnessing
and growing the science and technology field so as to incubate and promote innovation. This was
what inspired the enactment of the Science and technology Act, Cap 250 of the Laws of Kenya
in 1977. The Act established semi-autonomous agencies such as the Advisory Research
Committees (ARCs) and the National Council for Science and Technology (NCST) so that they
could conduct research and give advice to the government on matters pertaining science and
technology.

In order to make vision 2030 a reality for Kenya, and reach other national development goals so
that Kenya may be recognized as a globally competitive country, and shift its status from a
“developing country” to a “middle-income country”, there was a deep-seated need for
strengthening the Science, Technology and Innovation arms of education with research playing a
critical role. It is for this reason that the Science, Technology and Innovation Act, 2013 was
enacted. The enactment process began in 2009 whereby a Science, Technology and Innovation
(ST&I) Policy and Strategy which ensured knowledge-based economy in all sectors so as to
ensure that the quality of life for all Kenyans is improved. Due to its effectiveness, this ST&I
Policy was passed as a bill in parliament in 2009 and was amended in 2012 so as to make it
compatible with the new 2010 Constitution of Kenya. This Act therefore repealed the Science
and Technology Act, Cap 250 of the Laws of Kenya.

1.2 Jurisprudence of the Science, Technology and Innovation Act (No. 28 of 2013)

Science includes the systematic study of structure and actions of the physical and natural world
through observation and experiment, and technology is the application of scientific knowledge.

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Thus, this new legislation is required to assign priority to the growth of Science, Technology
and Innovation in Kenya by facilitating the promotion, co-ordination and regulation of the
progress of science, technology and innovation of the country. Consequently, this Act has led to
the establishment of the National Commission for Science, Technology and Innovation
(NACOSTI) which took up the place and task performed by the National Council for Science
and Technology (NCST) so as to ensure regulation and assurance on researches that are
undertaken in Kenya. This Act is therefore expected to perpetuate the progress of Science,
Technology and Innovation in Kenya and to also create a legal framework that will guide such
activities. The Act also provides for establishment of Advisory Research Committees withing
the commission. Any person who would like to carry out research withing the jurisdiction of
Kenya shall be required to have a license and the licensee is expected to comply with the
procedures, standards and codes of ethics provided for by the commission.

2. STATEMENT PROBLEM

Science, technology and innovations are a dynamic and extensive field that are ever evolving.
These changes are fundamental forces of change that affect the economy of Kenya and shape our
society. Consequently, these changes demanded that the Science and Technology Act, Cap 250
of 1977 legislations regarding science, technology and innovations was to be amended so as to
keep up with the changes in order to make this growing and ever evolving field more productive.

Initially, the Science and Technology Act, Cap 250 had not accounted for aspects relating to
innovation yet there was so much innovations taking place. A great example of this dilemma is
the M-Pesa phone-based money transfer which was spearheaded and launched in 2007. These
innovations undoubtedly have generated numerous working opportunities for more Kenyans and
has also changed the nature of most jobs in this field. Additionally, the innovational,
technological and generational policy gaps noted in the Science and Technology Act, Cap 250
had prevented the country from seizing very fundamental innovation opportunities hence
Kenya’s lag in ST&I vis-a- vis the developed counties. Therefore, to ensure promotion,
coordination and regulation of the ST&I process, funding, supervisory and advisory linkage, its
mandate and quality thereof, the Science, Technology and Innovation Act No. 28 of 2013 was

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enacted. The Act has made some crucial strides in created policies that have filled in the above-
mentioned gaps and facilitated improvements in scientific research, increased productivity and
strengthened international research position.1

3. RESEARCH OBJECTIVES

3.1 Main Objective

To elaborate on the importance of the Science, Technology and Innovation Act No. 28 of
2013, In scientific research.

3.2 Specific Objectives

1. To determine the importance of the inclusion of ‘innovation’ to the Act
2. To assess the positive impact of the Science, Technology and Innovation Act has made on
technology from and Intellectual Property perspective.
3. To pinpoint the importance of the National Commission for Science, Technology and
Innovation which was introduced by the Science, Technology and Innovation Act No. 28 of
2013.

4. RESEARCH QUESTIONS

 What is the definition of Science, Technology and Innovation?

 How does the current Science, Technology and Innovation Act No. 28 of 2013 deal with
Science, Technology and Innovations?
 Why was it important to include ‘innovation’ in the provisions of the Science, Technology
and Innovation Act of 2013?
 Which agencies have been established under the Science, Innovation and Technology Act
and what positive impacts have these agencies made?

1
https://www.acts-net.org/news/science-technology-and-innovation-sti-in-kenya-insights-from-stakeholder-
workshop gained access on 20th of November, 2022

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  How has the Science, Technology and Innovation Act of 2013 impacted on Intellectual
Property in Kenya, and what are the benefits thereof?
 What changes can be introduced to the current Science, Technology and Innovation Act of
2013 to make it more effective?

5. HYPOTHESIS

This research will be guided by the following hypothesis.

 The Science, Technology and Innovation Act of 2013 has done more good than bad to
Kenya’s growing field of science, technology and innovation.
 The Science, Technology and Innovation Act of 2013 has played a critical role of
innovation in maintaining national competitiveness in the global community.
 The Science, Technology and Innovation Act 2013 has emphasized and promoted the
role of science, technology and innovation, including Intellectual Property (IP),
information and communication technologies and is a vital tool for the achievement of
the internationally agreed Sustainable Development Goals
 The Science, Technology and Innovation Act of 2013 can be used to address current
challenges such as agriculture and water shortage.

6. LITERATURE REVIEW

Unfortunately, there is lack of adequate literature on the importance of the Science, Technology
and Innovation Act No. 28 of 2013 Laws of Kenya. For this reason, the researcher has decided
to put less weight on this space since it may lead to sharing of opinions from unreliable sources
and websites.

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 7. THEORETICAL FRAMEWORK

In the 1950s and 1960s, many studies have tried to measure the contribution of technological
change to economic growth in some countries where production was in the frontiers of
technology. I conclusion was drawn that advances in technology were largely responsible for the
increase in labor productivity. Since that time there was a vast theoretical and empirical literature
on technological progress in the advanced industrial countries.2 Some of these theories are
discussed below.

7.1 Roger’s Innovation Diffusion Theory

In 1962 Everett Rogers introduced his Innovation Diffusion Theory (IDT) which has been
referenced often in case analysis. This theory provides a foundation for understanding
innovation adoption and factors that influence an individual’s choices about innovation. There
are four main components in Roger’s Innovation Diffusion Theory3 which include:

i) The innovation
ii) Communication channels used to broadcast information about the innovation
iii) Social systems existing around the adopters/non-adopters of the innovation
iv) The time it takes for the individuals to move through the adoption process.

7.2 Technology Acceptance Model Theory

This theory asserts that it is in fact a potential adopter’s attitude and expectations of the
innovation that affects the chances for its adoption4. The two main focus in TAM are:

i) How the innovation is perceived by the potential adopter. This involves how easy the
innovation will be to learn and implement.
ii) Its potential usefulness. This involves the degree to which the innovation will improve
the user’s personal or job-related performance.

2
SCHUMPETER, J. The Theory of Economic Development, Cambridge, 1911
3
Straub, E. T. (2009). Understanding technology adoption: Theory and future directions for informal learning.
Review of Educational Research, 79(2), 625-649.
4
Davis, F. D. (1985). A technology acceptance model for empirically testing new end-user information systems:
Theory and Results. (Doctoral dissertation), Massachusetts Institute of Technology. Retrieved from DSpace@MIT
Database

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 8. CONCEPTUAL FRAMEWORK

It is difficult to imagine a world without technology. Nearly every product and service we
consume every day embodies some kind of technology. Worth of importance is the clear and
concise definitions set out by the Science, Technology and Innovation Act. No.28 of 2013. The
following terms are defined by the Act:

“technology” means the application of knowledge to meet the goals, goods and services for
sustainable development.

“innovation” means an area designed and zoned for manufacturing and associated activities.

“invention” means a new and useful art, process, machine, manufacture or composition of
matter, living or inanimate, or any invention or discovery which is or may be patentable or
otherwise protectable or any novel variety of plant which is or may be protectable.

The Act however does not define what science is. Therefore, the researcher chooses to use the
conventionally accepted definition of science which is “the way of doing things”.

9. SCOPE OF STUDY

The researcher is choses to focus their research within the Kenyan Jurisdiction especially
Nairobi, which is the hub of technology and innovation in Kenya, as well as Marsabit, which is
in the northern region so as to compare and find ways to spread the influence the Science,
Technology and Innovation Act of 2013 has had in major cities, to under-represented counties.
This research study is estimated to be conducted withing 6months timeframe.

10. LIMITATIONS OF THE STUDY

In the course of the research, the researchers expect a number of challenges. These challenges
include, inter alia: lack of local literature, lack of time, lack of finances. In this research paper,
the researchers pray that the relevant elements outlined below be put to consideration:

a) Lack of local literature

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 The ambiguity of the importance of the Science, Technology and Innovation in the Kenyan
context is a field with minimal discussions. This is because as much as the country is trying
to strengthen its science, technology and innovation economic arms, the process has been too
slow and the government has not invested enough resources in research regarding how the
policies relating to this field can be strengthened.

b) Time Constrains

The researchers undertaking this study are in their second year of law school and have many
other units of studying which are rigorous and require just as much attention, diligence and
time since we intend to also be adequately prepared for our forthcoming examinations.

c) Finances

This undergraduate research will involve activities that demand finances. The major areas
that require expenditure include, inter alia: purchase of books, printing costs, internet costs,
transport cost and consultation fees paid to experts. Meeting these financial implications will
demand that the researchers dig into our savings, if any, so as to meet all expenditures as well
as any other unforeseen expenditures.

11. JUSTIFICATION OF THE STUDY

 The study will be used by the Law Society of Kenya in future when coming up with
regulations and policies relating to Science, Technology and Innovation
 The study will provide firms within the science, technology and innovation sphere with a
better view on importance of the Science, Technology and Innovation Act of 2013.
 The study will enable Kenyans to better appreciate how far we have come with regards to
policies that govern and encourage the Science, Technology and Innovation field.
 The findings will contribute to the body of knowledge on laws relating to Science,
Technology and Innovation.

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 12. RESEARCH METHODOLOGY

The proposed research questions and objectives call for a descriptive, analytical and doctrinal
approach of carrying out this research. This means the researchers will have to carry out
detailed analysis on the importance of the Science, Technology and Innovation Act of 2013,
areas of improvement and possible ways forward.

Data will be derived from

a) The Science, Technology and Innovation Act No. 28 of 2013 Laws of Kenya
b) The repealed Science and Technology Act CAP 250 of 1977 Laws of Kenya

13. RECOMMENDATIONS AND CONCLUSION

Advances in technology has been the main driving force of the industrialized countries,
responsible for much of the increase in efficiency and productivity. In the context of Kenya’s
development, it is noteworthy that science, technology and innovation could contribute not only
to economic growth but also will greatly improve the lives of impoverished communities and
create opportunities for them and their children. Broader research and understanding on science,
technology and innovation will therefore be helpful to Kenyans. The knowledge and benefits of
ST&I should not only circulate around the domain of the rich but should also be introduced to
the people within the web of poverty because if they too get an opportunity to learn and be
involved in matters relating to ST&I then they can also spearhead innovations. Such an
approach to ST&I should be incorporated to the Science, Technology and Innovation Act of
2013 since it will help to incubate creativity and exploit numerous development opportunities
for all citizens regardless of their economic and social status. In short: Science, Technology and
Innovation should be a system of the people, by the people and for the people.

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 14. REFERENCES

BOOKS

1. SCHUMPETER, J. The Theory of Economic Development, Cambridge, 1911

JOURNALS

1. Davis, F. D. (1985). A technology acceptance model for empirically testing new end-user
information systems: Theory and Results. (Doctoral dissertation), Massachusetts Institute
of Technology. Retrieved from DSpace@MIT Database

2. Straub, E. T. (2009). Understanding technology adoption: Theory and future directions

for informal learning. Review of Educational Research, 79(2), 625-649.

STAUTES

1. The repealed Science and Technology Act, Cap 250 of the Laws of Kenya which was
ratified on July, 1977
2. The Science, Technology and Innovation Act No. 28 of 2013

WEBSITES

https://www.acts-net.org/news/science-technology-and-innovation-sti-in-kenya-insights-from-
stakeholder-workshop gained access on 20th of November, 2022

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