Kenya’s Intellectual Property Bill 2026 would merge the three bodies that today handle industrial property, copyright and counterfeiting into a single Kenya Intellectual Property Authority (KIPA). For brand owners, the Kenya trademark law 2026 debate is less about the rules of registration, since the Trade Marks Act stays in place, and more about who administers it and how counterfeits are fought. The Bill had its first reading in the National Assembly on 2 July 2026 and is not yet law.
Key takeaways
- The Kenya Intellectual Property Bill, 2026 (National Assembly Bill No. 40 of 2026) was published in the Kenya Gazette Supplement on 19 June 2026.
- It merges the Kenya Industrial Property Institute (KIPI), the Kenya Copyright Board (KECOBO) and the Anti-Counterfeit Authority (ACA) into KIPA.
- It repeals the Industrial Property Act, the Copyright Act and the Anti-Counterfeit Act; the Trade Marks Act (Cap. 506) is not repealed and would be administered by KIPA.
- A single Intellectual Property Tribunal would replace the current tribunals, with appeals to the High Court within 60 days.
What does the Kenya IP Bill propose?
According to the memorandum of objects and reasons in the Bill as published by Parliament, Kenyan IP law is “fragmented” across three state corporations, each with its own board, budget and tribunal, which duplicates functions and raises costs for users. The Cabinet directed the merger on 21 January 2025. The Bill was introduced by the Leader of the Majority Party and read a first time on 2 July 2026, according to the National Assembly order paper.
| Today | Under the Bill |
|---|---|
| KIPI administers the Industrial Property Act (patents, utility models, designs) and registers trade marks | KIPA, which would also administer the Trade Marks Act and a Geographical Indications Act, 2026 |
| KECOBO administers the Copyright Act | KIPA, with copyright rules moved into the new Act |
| ACA enforces the Anti-Counterfeit Act | KIPA, with inspectors, seizures and counterfeit goods depots |
| Separate tribunals under the Industrial Property Act and the Copyright Act | One Intellectual Property Tribunal; appeal to the High Court within 60 days |
What changes for trademark owners under Kenya trademark law in 2026?
The substantive rules for registering a trade mark in Kenya would stay in the Trade Marks Act, which the Bill lists in its First Schedule as a law to be administered by KIPA. Procedures under that Act would be published in a new Intellectual Property Journal. In practice the changes are institutional:
- A new authority and register keeper. Applications, renewals and recordals would be handled by KIPA instead of KIPI, with staff and registrars carried over during the transition.
- Anti-counterfeiting inside the IP office. KIPA would run an intellectual property recordal system to regulate the import and manufacture of goods, receive complaints from rights holders and work with the Commissioner of Customs.
- Disputes. The Bill describes the new Tribunal as hearing intellectual property disputes and appeals; how it will interact with trade mark procedures depends on the final text.
The law firm Adams & Adams summarised the Bill on 21 July 2026 as a consolidation into one authority with a single tribunal. Read against the Bill itself, trade mark registration stays under its own Act.
Why Kenya matters for corridor brands
Kenya is a common entry point to East Africa for European and Latin American companies. It has been a member of the Madrid Protocol since 1998, according to WIPO Lex, so it can be designated in an international registration, or covered through a national filing. Anti-counterfeiting action, including at the border, starts from rights that are registered and kept up to date.
What this means for your business
- Confirm that your Kenyan registrations are in force and in the right name; the transfer of registers is the moment errors surface.
- Check whether your marks are recorded for anti-counterfeiting purposes and diary any re-recordal the new system may require.
- Review powers of attorney and local agent appointments once KIPA is set up.
- Follow the Bill through committee and public participation: provisions can change before enactment.
Our trademark registration and maintenance service across Africa and Latin America keeps Kenyan filings aligned with the rest of the portfolio, and our IP enforcement team coordinates action against counterfeits with local correspondents.
Where companies get this wrong
- Assuming nothing changes because the Trade Marks Act stays. Recordals, contacts and enforcement routes may still move.
- Relying on a Madrid designation without a local enforcement plan.
- Letting a distributor record or register the mark in its own name.
- Missing deadlines while files migrate from one authority to another.
A centralised view of the Kenyan portfolio, with one adviser tracking the Bill and local counsel, avoids these gaps.
Frequently asked questions
Is the Kenya Intellectual Property Bill 2026 already law?
No. As of 21 July 2026 it is National Assembly Bill No. 40 of 2026, published on 19 June 2026 and read a first time on 2 July 2026. It still has to go through committee, debate and the remaining legislative stages, and its content can change before enactment.
Does the Bill replace Kenya’s Trade Marks Act?
No. The Bill repeals the Industrial Property Act, the Copyright Act and the Anti-Counterfeit Act, but lists the Trade Marks Act (Cap. 506) as a law to be administered by the new Kenya Intellectual Property Authority. Registration rules stay; the administering body changes.
What happens to anti-counterfeiting in Kenya?
The functions of the Anti-Counterfeit Authority would pass to KIPA. The Bill provides for inspectors, seizure and detention of counterfeit goods, counterfeit goods depots, complaints by rights holders and a recordal system regulating the import and manufacture of goods, with criminal penalties.
Can IP Global Guard manage my trademarks and enforcement in Kenya?
Yes. We coordinate qualified local correspondents in Kenya for national filings, recordals and enforcement, and prepare Madrid designations through EUIPO or OEPM, directly where our professionals are entitled to act and otherwise through qualified representatives, all from a single point of contact.
Protect your brand in Kenya with one adviser
IP Global Guard, the IP services line of META Channel Corporation Limited, manages trademark portfolios across more than 25 jurisdictions in Europe, Latin America and Africa with one strategy and one billing relationship.
Tell us which marks you hold or plan to file in Kenya and East Africa, and whether you have seen counterfeits. We will review the portfolio, track the Bill and prepare the recordals. Contact our Africa trademark team.
This article is general information, not legal advice, and reflects the position on the date of publication.
Sources
- Parliament of Kenya, The Kenya Intellectual Property Bill, 2026, Kenya Gazette Supplement No. 151 (19 June 2026)
- National Assembly of Kenya, Supplementary Order Paper (2 July 2026)
- Adams & Adams, Key takeaways from Kenya’s new Intellectual Property Bill (21 July 2026)
- WIPO Lex, Madrid Protocol contracting parties (database)
