Coffee from Central Kenya, tea from Kericho, honey from Baringo, soapstone from Kisii: Kenya produces a long list of goods whose value is tied to where they come from, yet the country has never had a legal regime built specifically to protect that link. The Geographical Indications Bill Kenya has proposed would finally close that gap. The draft Geographical Indications Bill, 2026, prepared jointly by the Ministry of Investments, Trade and Industry and the Kenya Industrial Property Institute (KIPI), would change that by creating Kenya’s first standalone legal framework for recognising, registering and protecting geographical indications.
Why trademark law was never enough
Under the current Trade Marks Act, a geographical name or other indication of origin can be registered only as a collective or certification mark, a workaround rather than a purpose-built solution. Our guide to trademark registration in Kenya flags this as a critical gap in the existing law: collective and certification marks were designed to certify who is entitled to use a mark, not to establish a legal link between a product’s characteristics and a specific place of production. The draft GI Bill introduces a standalone regime instead, built around the idea that a geographical indication is a collective community asset tied to a region’s producers, rather than a private commercial right belonging to any single business.
How the proposed regime would work
Under the draft Bill, the Managing Director of KIPI would be designated the Registrar of Geographical Indications, with county governments playing a central role in identifying products, confirming geographical boundaries, and mobilising local producers. An applicant for registration, whether an individual producer or a competent authority acting on behalf of a producer community, becomes the Administrator of the GI upon registration, but administration is not ownership. The Bill expressly prevents an Administrator from assigning the GI or using it as security for a charge or mortgage, reflecting its character as a shared community asset rather than a tradeable commercial right. Administration can, however, be transferred to another competent authority, such as a producers’ union or cooperative, where that would improve governance.
Protection under the proposed framework does not depend entirely on registration. The Bill provides that GI protection is available whether or not a geographical indication is formally registered, though registration remains important in practice because it constitutes conclusive proof of GI status, which matters considerably for enforcement. Once registered, a GI is protected for as long as the product’s defining characteristics and reputation persist, but a maintenance fee is payable every ten years to keep the registration active. The Bill also allows existing trade marks that are identical or similar to a later-registered GI to continue in good faith use, while giving the Registrar of Trade Marks power to refuse or invalidate new trade marks that would deceive the public about a product’s true origin. A decision of the Registrar can be appealed to the Court within sixty days.
Enforcement and penalties
The draft Bill backs the new regime with criminal, not just civil, consequences. Intentional infringement of a registered GI, or making a false representation about a product’s GI status, is made a criminal offence, carrying on conviction a fine of up to five million shillings, imprisonment for at least two years, or both. That is a materially stronger enforcement position than exists under the current trademark-based workaround, and it signals that the government intends the new regime to be more than a branding exercise.
Which products stand to benefit
KIPI has pointed to a range of candidate products across the country, including Mt Kenya coffee, Kericho and Tinderet tea, Baringo honey, Molo lamb, Kisii soapstone and Taita baskets. Coconut has also been flagged as a priority, a sector KIPI estimates supports close to ten million trees and generates roughly nine billion shillings annually. The common thread across these examples is that each derives part of its market value from a reputation tied to a specific place, exactly the kind of value a dedicated GI regime is designed to protect and, in principle, to help producers capture more of through premium pricing in both domestic and export markets.
Where the Geographical Indications Bill Kenya has proposed now stands
The Ministry and KIPI ran public participation forums across all 47 counties in April 2026, with written submissions accepted until 23 April 2026. As of the most recent publicly available information, the Bill was still expected to be finalised and tabled before Cabinet and then Parliament, but had not yet been introduced as a National Assembly Bill. Businesses and producer groups with an interest in how their products would be classified, or in how county-level boundary definitions might be drawn, still have a practical window to engage before the framework is settled, though that window will not remain open indefinitely.
How We Can Help
Clay & Associates Advocates advises producers, cooperatives, exporters and businesses using geographic descriptors in their branding on how the draft Geographical Indications Bill, 2026 could affect their existing trademarks and future registration strategy. Contact our Intellectual Property team to discuss whether your products or brands could be affected by this developing regime.
Sources: draft Geographical Indications Bill, 2026 (Ministry of Investments, Trade and Industry and Kenya Industrial Property Institute), public participation notice of April 2026. For how this changes protection compared to the current trademark route, see our companion piece, From Trademark to Standalone Right.
Frequently asked questions
Is the Geographical Indications Bill already law?
No. It is a draft Bill that has completed nationwide public participation but has not yet been introduced in the National Assembly.
Can a business own a geographical indication the way it owns a trademark?
No. The Bill treats a GI as a collective community asset. The registering party becomes an Administrator, not an owner, and cannot assign, pledge or mortgage the GI.
Do we need to register our GI to be protected, or is protection automatic?
Protection is available even without registration, but registering is strongly advisable, since registration is conclusive proof of GI status and is critical for practical enforcement.
Will our existing trademark be cancelled if a geographical indication is later registered over the same term?
Not automatically. The Bill allows continued good faith use of an existing trademark, though the Registrar of Trade Marks retains power to refuse or invalidate new trademarks that would mislead the public about a product’s origin.
