ADVOKS GLOBAL · KENYA
Biosafety Act
35. Establishment of the Appeals Board
Edition: 2026-07-10 · In force
35. Establishment of the Appeals Board
(1)There is hereby established an Appeals Board which shall consist of—(a)a Chairperson who shall be an advocate of the High Court qualified for appointment as a judge of the High Court of Kenya, appointed by the Cabinet Secretary;(b)four other persons, each of whom shall be an expert in either biological, environmental or social sciences, appointed by the Cabinet Secretary.(2)Appointments to the Appeals Board shall be by notice in the Gazette.(3)A member of the Appeals Board shall hold office for three years.(4)Any person who is aggrieved by—(a)a refusal to grant an approval;(b)the imposition of any conditions on an approval;(c)the revocation, suspension or variation of an approval;(d)a refusal to treat an application as confidential;(e)a decision of a biosafety inspector;(f)any other decision of the Authority under this Act,may, within thirty days of being notified of the relevant decision of the Authority, appeal to the Appeals Board in the prescribed manner.(5)Any person aggrieved by a decision of the Appeals Board may, within thirty days of the making of the decision, appeal against the decision to the High Court.(6)The decision of the High Court on any appeal under this section shall be final.(7)Subject to subsection (8), the Appeals Board shall regulate its own procedure.(8)The Cabinet Secretary may make rules—(a)prescribing the manner in which an appeal shall be made to the Appeals Board and the fees to be paid in respect of an appeal;(b)prescribing a scale of costs which may be awarded by the Appeals Board; and(c)generally for the better carrying out of the provisions of this Act relating to the Appeals Board and appeals thereto.(9)The Appeals Board shall communicate its final decision to the appellant within ninety days from the date the appeal was made.