667
2016
Protection of Traditional Knowledge ancl Cultural Expressions No. 33
website and other public information centres
provided in sections 95 and 119 of the County
Governments Act, 2012, where the interested
persons may obtain a copy of the application.
(2) Any person who claims to be a holder of
No. 17 or2012
the
traditional knowledge or cultural expressions, to which the
application relates shall, in writing, make a representation to
the Cabinet Secretary within twenty-eight days after the
application is published or broadcasted, whichever is the
later.
(3) The Cabinet Secretary shall record in writing the
details of any written representation given under subsection
(2).
29, (1) Where the Cabinet Secretary is satisfied that l1:il1::"'"""'
he or she has identified all of the holders of the traditional
knowledge or cultural expressions who are required to give
consent before consent can be granted under section 25, the
Cabinet Secretary make a written determination of an
application for consent under section 25 containing the
details identifying the holders.
(2) The Cabinet Secretary shall publish a notification
of the application in a newspaper with nationwide
circulation^itating the website andbther public information
centres provided in sections 95 and 119 of the County
Governments Act, 2012, where the interested persons may
No' 17or20r2
obtain a copy of the application
30. (1) Where
the Cabinet Secretary is not satisfied
that he or she has identified all of the holders or that there is
a dispute about ownership of the rights, the Cabinet
Secretary shall refer the matter to the parties for resolution
in accordance with customary laws and practices or such
other means as are agreed to by the parties.
(2) Where a dispute has been resolved and all of the
right holders have been identified in accordance with
customary laws and practices or the means agreed by the
parties, the holders shall inform the Cabinet Secretary of the
resolution and identification, and the Authority shall record
the determination containing and the details as to identify
the holders.
(3) The Cabinet Secretary shall publish a notification
newspaper with nationwide
of the application in a
Uncenainty or
disputc of
ownership,