Report Of The Health Committee On Anti Venom

THESENATE

THESTANDINGCOMMITTEEONHEALTH

REPORTONTHEPETITIONCONCERNINGTHEPROTECTIONAND PROPAGATIONOFTHECOMMERCIALIZATIONOFTHENEW GENERATION(MUTHEA)ANTIVENOMINKENYA.

PAPERS LAID

DATE

TABLED BY

lyom

APPRUVED

COMMITTEE

RT.HON.SEN

CLERKATTHETABLE

AMASONJ.KINGI

Clerk's Chambers, The Senate, ParliamentBuildings, NAIROBI.

June, 2026

Table of Contents

| ACRONYMSANDSYNONYMS. | ACRONYMSANDSYNONYMS. | |-----------------------------------------------------------------------|-----------------------------------------------------------------------| | PRELIMINARIES | PRELIMINARIES | | EstablishmentandMandateoftheCommittee | EstablishmentandMandateoftheCommittee | | CommitteeMembership. | CommitteeMembership. | | CHAIRPERSON'SFOREWORD. | CHAIRPERSON'SFOREWORD. | | CHAPTERONE. | CHAPTERONE. | | 1.1 | Introduction h | | 1.2 | SummaryofthePetition 6 | | 1.3 | Legal Framework. | | 1.4 | Mandatesof theImplicatedInstitutions | | CHAPTERTWO. 11 | CHAPTERTWO. 11 | | 2.CONSIDERATIONOFTHEPETITION 11 | 2.CONSIDERATIONOFTHEPETITION 11 | | 2.1Submissions byMr.PatrickMusilu,Petitioner 11 | 2.1Submissions byMr.PatrickMusilu,Petitioner 11 | | 2.2Submissionsby theMinistryof Health(MOH). 12 | 2.2Submissionsby theMinistryof Health(MOH). 12 | | 2.3Submissions by theMinistry of Tourism andWildlife(KWS).. 13 | 2.3Submissions by theMinistry of Tourism andWildlife(KWS).. 13 | | 2.4 Submissions by theKenya Institute of PrimateResearch (KIPRE).. 13 | 2.4 Submissions by theKenya Institute of PrimateResearch (KIPRE).. 13 | | CHAPTERTHREE: 14 | CHAPTERTHREE: 14 | | 3.1CommitteeObservations 14 | 3.1CommitteeObservations 14 | | 3.2CommitteeRecommendations .16 | 3.2CommitteeRecommendations .16 |

ACRONYMS

| 1. | CAJ | | CommissiononAdministrativeJustice | |------|-------|----|--------------------------------------------------| | 2. | KEMRI | | KenyaMedical ResearchInstitute | | 3. | KIPI | | Kenya Industrial Property Institute | | 4. | KIPRE | L | Kenya Institute of Primate Research | | 5. | KSRIC | | Kenya Snakebite Research and Intervention Centre | | 6. | KWS | | KenyaWildlifeServices | | 7. | PPB | | Pharmacy and Poisons Board | | 8. | UHC | | Universal Health Coverage | | 9. | WRTI | | WildlifeResearch and TrainingInstitute |

PRELIMINARIES

EstablishmentandMandateoftheCommittee

TheStandingCommittee onHealth is establishedpursuant tostandingorder 228(3) and theFourthScheduleoftheSenateStandingOrders andismandated toconsiderall mattersrelatingtomedicalservices,publichealthandsanitation.

Pursuant toStanding Order 228(4),theCommittee is specificallymandated to-

1. investigate, inquire into and report on all matters relating to the mandate, management, activities, administration and operations of the Ministry of Health and its departments; 2. study the programme and policy objectives of the Ministry of Health and its departments, and the effectiveness of the implementation thereof; 3. study and review all legislation referred to it; 4. study,assess and analyzethesuccess of theMinistry of Health anddepartments assigned toit as measured by theresults obtained as comparedwith their stated objectives; 5. consider theBudget PolicyStatementinlinewith the Committee's mandate; 6. report on all appointments where the Constitution or any law requires the Senate toapprove; 7. 7.1 make reports and recommendations to the Senate as often as possible, including recommendations for proposed legislation; 8. 8.consider reports of Commissions and Independent Offices submitted tothe Senate pursuant to the provisions of Article 254 of the Constitution; 9. 9.examine any statements raised by Senators on a matter within its mandate; and 10. 10.follow up and report on the status of implementation of resolution within its mandate;and 11. 11.follow up and report on the status of commitments made by the Cabinet Secretaries in their response to questions under Standing Order 51C

CommitteeMembership

The Committee is comprised of the following members-

1. Sen. Jackson K. Arap Mandago, EGH, MP

Chairperson

• 2.Sen.MariamSheikh Omar,MP

Vice-Chairperson

3. Sen. Justice (Rtd.) Stewart Madzayo, EGH, MP -

Member

• 4.Sen.Ledama Olekina, CBS, MP

Member

• 5.Sen. Richard Onyonka, MP

Member

• 6.Sen.Tabitha Mutinda,CBS, MP

Member

• 7.Sen.Hamida Kibwana, MP

Member

• 8.Sen. Joseph Githuku, MP

Member

9. Sen. Cheburet Kiprono Chemitei, MP

Member

CHAIRPERSON'SFOREWORD

This report contains the proceedings of the Standing Committee on Health on its considerationof thePetitionconcerning theprotectionandpropagationof the commercializationoftheNewGeneration(Muthea)AntivenominKenya.ThePetition was presented by Mr. Patrick Musilu and others, residents of Wamunyu in Machakos County and was reported in the Senate on 29th May, 2025.

Snakebiteenvenomingremains a serious and oftenneglectedpublichealthburdenin Kenya, falling hardest on poor, rural communities in our arid and semi-arid counties. Anygenuineefforttodeliversafe,affordable andaccessibleinterventionstherefore merits the careful attention of this House.It is in that spirit, that the Committee approachedthisPetition.

In discharging its mandate, the Committee met with the petitioner and received his writtensubmissionsaswell.TheCommitteefurthersoughtandreceivedwritten submissionsfromtheMinistryofHealth,theMinistryof Tourism andWildlife,the KenyaInstituteof PrimateResearch and theKenyaIndustrialPropertyInstitute and considered the extensiverecord ofcorrespondenceprovided bythePetitioner.

The Committee affirms that the petitioner's right to research,innovate and pursue commercialization is protected under Articles 11,40 and 43 of the Constitution,while noting thatits exerciseremainssubject tothelaw.The Committeehowever found no credible evidenceof unlawfuldenialof serviceorof collusiontoinfringethe petitioner's innovation.It established that theKshs.100,o00demanded from the petitioner before testing of his product was a lawful cost-recovery charge,and that the

During the consideration of this petition,the Committee identified the absence of a unified, costed and time-bound pathway to guide innovators working with public researchinstitutions.Thispointstoweakinter-institutionalcollaboration,which substantiallyexplains thepetitioner'sfrustration.The Committee'srecommendations are directed at remedying this gap through a facilitated, monitored and time-bound validationprocesstoenablethepetitionerrealizehisinnovation.

TheCommitteeishoweverconcerned aboutthepetitioner'sconducttowardofficersof State agencies, marked by abusive, derogatory and ethnically charged language which fell below the standard of civility and good faith expected of any person engaging public institutions.Suchconductcannotbecondonedandultimatelyundermined thevery causethepetitionersoughttoadvance.

The Committee has sought to strike a careful balance,protecting the legitimate right to innovate while safeguarding public health through proper scientific, ethical and regulatory scrutiny.To this end,thecommitteerecommends that theMinistryof Health (MOH), within sixty days of the adoption of this report, convene a structured facilitation meeting bringing together the petitioner, KEMRI, KIPRE, PPB, NACOSTI and KIPI to agree and issue a single written, costed validation roadmap with defined milestones and named contactofficers,withthe aimofeliminatingbureaucraciesforthepurpose of ensuringthatthePetitionersproduct isobjectively analysed andprotected.

On behalf of the Committee,I wish to extend mygratitude to the Committee members for their diligence, commitment and insightful contributions throughout this inquiry. I also thank the petitioner and all stakeholders who provided valuable input during our investigations.

As I conclude,Iwish to sincerely thank the Office oftheSpeaker and the Office of the Clerk of the Senate for the support extended to the Committee in execution of its mandate.

It is now my pleasant duty, pursuant to standing order 238 (2) of the Senate Standing Orders,to present the Report of the Standing Committee on Health on a petition concerning the protection and propagation of the commercialization of the New Generation(Muthea)AntivenominKenya.

I thank you.

SIGNED....

......DATE.....

SEN.JACKSONK.ARAPMANDAGO,EGH,MP (CHAIRPERSON,COMMITTEEONHEALTH)

1.1 Introduction

1. The right to present petitions to public authorities is provided for under Article 37 of the Constitution.Article 119(1) further provides that'Every person has a right to petition Parliament to consider any matter within its authority, including to enact,amendorrepeal anylegislation. 2. The Petition to the Senate to protect and propagate commercialization of the new generation (Muthea) antivenom in Kenya was reported in the Senate on Thursday, 29th May,2025 and referred to the Standing Committee on Health for consideration.A copyof thePetitionis attached tothisReport as Annex 2.

1.2Summary of thePetition

3. The Petitioners, Patrick Musilu, Tom Babu and Alfred Dosso,citizens and residentsofWamunyu inMachakosCounty,described themselvesascitizen innovatorsofanon-animalplasma antivenomwhohavespentfiveyearsworking tocommercializeaNewGenerationAntivenomderived from thechemically synthesized traditional"Muthea"(also branded"SBE Elixa") antivenom. 4. The Petitioners asserted they are lawfully engaged in snakebite healing in Wamunyuandseektoresearch,innovateandcommercializetheirpatented traditional medication for nationwide availability. They claimed their preclinical interventionislegitimateunder theStateDirectorateof Culture,theKenya Industrial PropertyInstitute,and the promised Universal Health Coverage. They allege the initiative faces serious maladministration created by employees of variousgovernmentagencies. 5. ThePetitionersindicated that the antivenom'sefficacyisbackedbyover one hundred (1oo) years of safely,effectively and affordably saving life,with zero death outcomes amongcasualties attended inWamunyuinMachakos County and Kinango inKwale County.The Petitioners stated their inspiration to formalize the product toPharmacy andPoisons Board standards was sparked by a neighbour's snakebite death and the 2019 Ministry of Health policy document on snakebite envenoming. 6. ThePetitionerstracedadisputewithaKenyaMedicalResearchInstitute (KEMRI) official who, in late 2021,allegedly demanded Kshs. 100,000 for sample analysis while declining to sign a requisite Non-Disclosure or Material Transfer Agreementunder theScience,TechnologyandInnovationAct.They contended this demand was retaliatory,madeinresponse totheir insistence on protecting their intellectualproperty and that it led to a referral to theKenya SnakebiteResearchandInterventionCentre.

CHAPTERONE

• Theyfurther allege that although theNational ResearchFundoffered tofund incubation ofthe antivenom providedKEMRI cooperated, thiswas rejected by the KEMRI Deputy Director.The Petitioners'report escalating the matter as abuse of office and illegal denial of service to the Ethics and Anti-Corruption Commission (EACC)in early2022,which erroneously referred it tothe Commission on Administrative Justice (CAJ) rather than investigating or formally declining.

8. The Petitioners claim mediation attempts by the CAJ (the Ombudsman) in 2022 failed and they allege subsequent unauthorized experiments using their patented sample,verbal banning from KEMRI premises and attempts to invalidate their industrial property through threats of arrest. They name several institutions they believe may have something to hide, including KEMRI, the Kenya Institute of Primate Research (KIPRE), the Pharmacy and Poisons Board (PPB) and the National Commission for Science, Technology and Innovations (NACOSTI) among otherinstitutions. 9. Theyraise concerns about aWelcomeTrustfundedAfricanSnakebiteAlliance launched in early 2024, alleging KEMRI entered an opaque collaboration with a Watamu-basedsnakefarmerwhohadno antivenomhistoryuntil thePetitioners disclosedtheir formulation for Kenya IndustrialPropertyInstitute (KIPI) registration in 2022.The Petitioners declare that none of the issues raised in the petition are pending before any court of law or other legal body.

• 10.The Petitioners therefore prayed that the Senate intervenes in the matter with a viewto-
• a) protectthePetitioner'srighttoresearch,innovate andcommercializethe traditional antivenomtoPharmacy&PoisonsBoard aesthetic standard and further support our enterprise to take Kenya from the bad place of net importer ofinferior animalplasma antivenom to thelargest exporter of chemically synthesized antivenom in the world;
• b) instigate a preliminary enquiry to establish the reality of unlawful Denial of Service through impunity, complicity of management in flouting service
• recommend suspension of the most culpable officials from office to facilitate theinvestigation that's needed toestablishdegree ofcriminal conductin the failed attempt to invalidate our Industrial Property after illegal Denial of Service;
• d) recommendinterventionbymandatedlawenforcementagencies for an investigation to establish criminal abuse of office and sabotage with the intent todisposes byknown/identifiable individual employees of KEMRI, IPR&NACOSTI;and

• e makearecommendationforregulatedguidelinestomakeiteasyfor indigenousAfricaninventors andnon-institutionalinnovatorstoaccess facilityforResearch&Developmentofworthwhileproductsthrough institutionalized partnership with public funded research institutions.

1.3Legal Framework

a)TheConstitutionofKenya

11. Article 43(1)(a) of the Constitution guarantees every person the right to the highest attainablestandardofhealth,includinghealth-careservices.ThePetitioner anchors his appeal on this right and the promised Universal Health Coverage, contending that an affordable,accessible snakebite antivenom advances this entitlement, particularly for poor populations in snakebite-prone counties. 12. Article 27 of the Constitution guarantees every person the right to equality and freedom from discrimination, while Article 47 entitles every person to a fair administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. 3. 13.Article11obligatestheState torecognise therole ofculture and topromote indigenous knowledge and technologies.Further,Article 40 protects the right to property, including intellectual property, which the State is required to support and protect

b)TheHealthAct,2017

• 14.TheHealthAct,No.21 of 2017establishes a unified health system inKenya and gives statutoryeffecttothe righttohealth underArticle 43of theConstitution.It obligates the State to protect, respect, promote and fulfil the health rights of all persons in Kenya towards the progressive realisation of the highest attainable standardofhealthservices.

15. Part VlI of the Act provides for the regulation of health products and health technologies,establishing a single regulatorybody for health products and technologies and setting out its functions and the conditions for procurement of such products.Read together with thePharmacy and Poisons Act, this framework reinforces theinstitutionalresponses that any antivenomintendedforhuman use must satisfy applicable safety, quality and efficacy requirements before registration or use in health facilities,regardless of its traditional origin

• 16.Part X of the Act addresses traditional and alternative medicine.The ministry of Health isrequired toformulatepolicies toguidethepracticeof traditional and alternativemedicinewhilethecountyexecutivedepartmentforhealthistoensure theirimplementation and aregulatorybodyis tobe establishedby anAct of Parliament to regulate the practice of traditional and alternative medicine. The Act further provides for documentation, standardisation and charges relating to such practice.

c)Science,Technology and Innovation Act,No.28 of2013

17. The Science, Technology and Innovation Act establishes the National Commission for Science, Technology and Innovation (NACOSTI) as the regulator and supervisor of research in Kenya, and provides for the accreditation and licensing of researchinstitutions.NACOSTI is mandated to assure quality, relevance and ethics in research and to oversee research undertaken by public institutions. 18. KIPRE is a State corporation established under Legal Notice No. 273 of 2017 pursuant to this Act, with a mandate to improve human health through biomedical andpre-clinicalresearch. 3. 19.The Act and its attendant institutional policies require researchers to obtain ethical and regulatory approvals before handling biological materials, and contemplate the use of Material Transfer Agreements (MTAs) and Non-Disclosure Agreements where proprietary or non-public methods are involved.

d) Industrial Property Act, 2001 and the Industrial Property Regulations, 2002

20. The Industrial Property Act establishes the Kenya Industrial Property Institute (KIPI) and governs the grant and protection of patents in Kenya. A provisional patent application secures a right of priority for twelve months, within which a final specification must be filed; failure to do so renders the application withdrawn under Regulation 18(3) (a-e) of the Industrial Property Regulations, 2002.

e) Regulation of Medicines,Antivenom and Traditional Medicine

• 21.The Pharmacy and Poisons Act (Cap. 244) establishes the Pharmacy and Poisons Board (PPB) as the regulator of medicines, including the registration, quality, safety and efficacy of pharmaceuticalproducts and the conduct of clinical trials. Any antivenom or therapeuticintended for human use or for stocking in health facilities is subject to PPB requirements regardless of its traditional or herbal origin.

1.4 Mandate oftheImplicated Institutions

22. The Kenya Medical Research Institute (KEMRI) is a state corporation responsible for carrying out human health research in Kenya. It is tasked with generating evidence-based data to advise the Ministry of Health on policy,responding to disease outbreaks and developing life-saving medical innovations and vaccines. 23. KIPRE/KSRIC are mandated to undertake biomedical and pre-clinical research, including snakebite interventions and requiring prior approvals before engagement.

• 24.Kenya Wildlife Service (KWS) and the Wildlife Research and Training Institute (WRTI) are established under the Wildlife Conservation and Management Act, 2013,mandatedfor conservation,thelicensingof activitiesinvolvingwildlife and venom collection but expressly not mandated for the procurement, distribution, regulation orclinical evaluationof antivenom.

25. National Commission for Science, Technology and Innovation (NACOSTI) is the oversightregulator ofresearchinstitutions andlicensingunder theSTI Act.

1.5 DisputeResolution onethicalbreaches

26. The Ethics and Anti-Corruption Commission (EACC), established under the Constitution and the Ethics and Anti-Corruption Commission Act, 2011. 27. The Commission on Administrative Justice (CAJ), established under the Commission on Administrative Justice Act, 2011,is mandated to address maladministration and to investigate complaints of abuse of power, unfair treatment and delayinpublicservice.

1.6 RelevantPolicyDocuments

28. The Ministry of Health (MoH) publication, Guidelines for Prevention, Diagnosis and Management of Snakebite Envenoming in Kenya (2019), sets the national policy objective of attaining a fifty per cent reduction in snakebite deaths and disabilities by 2030, aligned to Universal Health Coverage and the Sustainable DevelopmentGoals.

CHAPTERTWO

2.CONSIDERATIONOFTHEPETITION

• 29.During consideration of the Petition, the Committee sought and received both written and oral evidence from the lead Petitioner, Mr. Patrick Musilu. The CommitteealsoreceivedsubmissionsfromMoH,KIPI,theMinistryofTourism and Wildlife,KIPRE,EACC, CAJ and the WRTI.

2.1SubmissionsbyMr.PatrickMusilu,Petitioner

30. At its Sitting held on 17th July, 2025, the Committee held a meeting with the lead Petitioner,Mr.PatrickMusilu to deliberate on the issues raised in thePetition.A copy of the submissions is attached to this Report as Annex 3. 2. 31.ThePetitionersubmitted that he is a hereditaryAkamba snakebitehealer whohas developed a chemically synthesised, non-animal-plasma antivenom branded Muthea orSBEElixa.He contended that theproductissupervalent,affordable, easy to administer and is backed by long community use and that it further advances Universal Health Coverage (UHC) by reducing snakebite death and disability among poor, rural populations. 3. 32.ThePetitionerassertedthathiseffortstohavetheproductvalidatedwere frustrated by a demand for a Kshs.100,000 analysis fee, by the refusal of a KEMRI denial of service,hostility and alleged sabotageby officialsof KEMRI,KIPRE and the KSRIC. He claimed that his patented industrial property was disclosed and threatened. 4. 33.The Petitioner narrated engagements with multiple bodies,including EACC,the CAJ (Ombudsman), NACOSTI, KWS and the State Department for Culture. He alleged an opaque,donor-funded collaborationlinked to the African Snakebite AllianceandaWatamu-basedsnakefarmer,whichhesaidappropriatedhis concept. 34. The Petitioner therefore prayed that the Senate intervenes in the matter with a view to一 6. (a)protect thePetitioner's right toresearch,innovate and commercialize the traditionalantivenomtoPharmacy&PoisonsBoardaestheticstandardand further support our enterprise to take Kenya from the bad place of net importer ofinferior animalplasma antivenomto thelargestexporter of chemically synthesized antivenomintheworld; 7. (b)instigate apreliminaryenquirytoestablish therealityofunlawfulDenialof Service through impunity,complicity of management in flouting service delivery norms and regulations that govern the institutions;

• (c)recommend suspension of the most culpable officials from office to facilitate theinvestigation that'sneededtoestablishdegreeofcriminal conductin the failed attempt to invalidate our Industrial Property after illegal Denial of Service;
• (d) recommend intervention by mandated law enforcement agencies for an investigationtoestablish criminal abuseofoffice andsabotagewiththeintent to disposes by known/identifiable individual employees of KEMRI, KIPRE &NACOSTI;and
• (e)make a recommendation for regulated guidelines to make it easy for indigenousAfricaninventorsand non-institutionalinnovatorstoaccess facility for Research & Development of worthwhile products through institutionalized partnership with public funded research institutions.

2.2SubmissionsbytheMinistryofHealth(MOH).

• 35.The Ministry of Health, through the Cabinet Secretary submitted a chronology of the engagements between KEMRI and the Petitioner. The Ministry stated that betweenSeptember andNovember2021,KEMRIformallyagreed to analysethe Petitioner's sample, provided banking details and advised him to engage the Innovation and Technology Transfer Division and to initiate the pre-clinical pathway through the Kenya Snakebite Research and Intervention Centre.

36. The Ministry submitted that the Kshs. 100,000/- was a standard, published costrecovery fee for laboratory analysis, applicable to all clients and not punitive. It statedthatKEMRI'srecordsshowthePetitionerneitherpaidthefeenor completed the required documentation, including materials-transfer and method documentation and the relevant regulatory and ethical clearances, hence no authorised laboratory testingwas undertaken.

• 37.TheMoH found noevidence of denial of service,of unauthorised testingusing the Petitioner's materials, or of any Welcome Trust-funded project involving his product. It maintained that the preconditions to testing were not met, that traditional origin does not exempt a product from regulatory determinations and that KEMRI remains ready to proceed once the Petitioner complies with the standard requirements. It recommends a facilitated, time-bound re-engagement amongst all parties and convened by the Ministry of Health.
• 38.A copy of the submissions by the Ministry of Health, is attached to this Report as Annex4.

2.3SubmissionsbytheMinistryofTourismandWildlife(KWS)

• 39.The Ministry of Tourism and Wildlife, through the Cabinet Secretary presented a brieffromKWS confirming that thePetitioner sought a permit toharvestvenom from wild snakes and was advised,by a letter dated 27th January,2025,of the requirements toconduct suchwork.KWS stated that as at the date of presentation tothe Committee,thePetitionerhad notsubmitted therequested documentsfor consideration.
• 40.KWSadvisedthePetitionertoliaisewithKIPREwhichcoordinatesantivenom programmes and to explore establishing a licensed snake farm. Crucially, KWS stateditisnotmandatedtohandlehealth-relatedfunctionssuchasthe procurement, distribution, regulation or clinical evaluation of snake antivenom, whichfall under other armsof Government.It welcomed theinitiativesubject to compliancewithlegalrequirements.
• 41.A copy of the submissions by the Ministry of Tourism and Wildlife is attached to this Report as Annex 5

2.4SubmissionsbytheKenyaInstituteofPrimateResearch(KIPRE)

42. KIPRE, through its Director General submitted that it is a State research agency mandated to improve human health through biomedical and pre-clinical research. It stated that the Petitioner communicated repeatedly from November 2020, forcefullydemandingcollaborationonhisproductwithoutfollowing thedue ethicalproceduresforscientificresearchthathadbeencommunicated tohim by KIPREandotherinstitutions. 2. 43.KIPRE submitted that thePetitioner could not provide sufficient information and material to enable collaboration,resorted to threats,insults and false claims of patentviolation andvisited its offices on several occasions in late 2021 leaving behind capsuleshewished tohave tested.It stated hewas informedof theneed for clearancesfromNACOsTI,KWSand therelevant ethicsreviewboards,which he did not provide. 44. KIPRE statedthatthePetitioner'sclaimofachemicallysynthesised oral antivenom with one hundred per cent efficacy is not scientifically feasible and is unsupportedbycredibleevidence.Itdistanced itselffromtheAfricanSnakebite Alliance,describing it as a multi-country consortiumbeyond the scope of the Petitioner's product. KIPRE urged the Senate to investigate the claims and to halt what it terms the Petitioner's disruptive and defamatory conduct against its officers. 4. 45.A copy of the submissions by KIPRE is attached to this Report as Annex 6.

CHAPTERTHREE:

3.COMMITTEEOBSERVATIONSANDRECOMMENDATIONS

3.1CommitteeObservations

• 46.Having considered the Petition and the responses and submissions received thereon,the Committeemakes observations asset out below-
• 1)That the Petitioner's right to research,innovate and pursue commercialization isprotectedunderArticles11,40 and43ofthe Constitution and notes that the MinistryofHealthexpresslywelcomelocalinnovationinsnakebite envenoming and had invited the Petitioner to re-engage Kenya Medical Research Institute (KEMRI) and Kenya Institute of Primate Research (KIPRE);
• 2) That the Petitioner had indeed filed for patent protection of his innovation but applicationNo.KE/P/2022/4326lapsedupontheexpiry of thestatutory twelve-month period while application No. KE/P/2024/4942 was abandoned for non-compliance with the formality requirements;
• 3)That the Cabinet Secretary, Ministry of Health confirmed that the Kshs. 100,0o0 demanded from thePetitioner was a lawful, standard cost-recovery charge for general application and not evidence of denial of service. Further, thereisnocredibleor sufficientevidenceofunlawfuldenialof service through impunity or complicity of the government agencies as alleged and therefore no basis for recommending a separate criminal inquiry;
• 4 That thepattern across different agencies indicate that therewasno unified framework or standard guiding document provided to the Petitioner setting out the complete validation process, the applicable fees, the responsible institutions and the timelines for completion.The absence of a single,timebound and costed pathway points to weak inter-institutional collaboration system but does not amount to unlawful denial of service, nonetheless, it substantially explains the Petitioner's frustration and perception of obstruction;
• 5 That several of thePetitioner's submissions directed at officers of different agencies contained abusive, derogatory and demeaning language such as "charlatan,""merchant of death" and"palace slave"which impute, without proof, criminal conspiracy, treachery and disloyalty to some public servants. Further that certain annexures deployedethnicallycharged andracially inflammatory language, including derogatory references to officers' ethnic communities andpersonalbackgrounds andinvoked offensivehistorical and politicalanalogies.Suchcontentwas directedatidentifiableindividuals discharging their official functions including officers of KEMRI, KIPRE and othergovernment agencies;

• 6 That, while the Petitioner's frustration at the slow progress of his initiative is understandable, his conduct towards officers of government agencies fell below the standard of civility andgood faith expected of anyperson engaging public institutions. Personal abuse, unproven criminal imputations and ethnicallychargedattacksonpublicservantsmayhaveinitselfbeen a material obstacle to the constructive engagement the Petitioner sought and couldhavecontributedtothebreakdownofrelationswithgovernment agencies;and
• 7 That thePetitioner's allegation that KEMRI colluded with aWatamu-based snakefarmer andtheAfricanSnakebiteAlliancetoinfringehisformulation is unsupported. KIPRE described the Alliance as a multi-country research consortium,and the Ministry of Health found no evidence of any donorfunded project using his product. KIPI also confirmed that there are no registered patents of anyproduct similar to thePetitioner'sproduct.

3.2CommitteeRecommendations

47. With the foregoing, the Committee makes the following recommendations-

• 1) That the Ministry of Health should within sixty days of the adoption of this report, convenes a structured facilitation meeting bringing together the Petitioner, KEMRI, KIPRE, PPB, NACOSTI and KIPI to agree and issue a single written, costed validation road-map with defined milestones and named contact officers, with the aim of eliminating bureaucracies for the purpose of ensuring that the Petitioners product is objectively analysed and protected; and
• 2) That, once the Petitioner completes the agreed prerequisites and settles the applicable cost-recoveryfees,KEMRI and KIPRE should commence the laboratory analysis and issue written results within ninety (90) days, so that thescientificmeritof the product canbe objectivelyestablished asthe necessary foundation for any commercialization or export ambition.

LISTOFANNEXES

Annex 1:

Minutes of the Committeein Considering thePetition

Annex2:

Copy of thePetition

Annex 3:

Submissions by the Petitioner, Mr. Peter Musilu

Annex4:

Submissions by the Ministry of Health

Annex 5:

Submissions by the Ministry of Tourism and Wildlife

Annex6:

Submissions byKenyaInstitute of Primate Research (KIPREO