Kenyan High Court strikes down directive affecting intellectual property administration

In a landmark judgment delivered on 29 June 2026, the Kenyan High Court has nullified the Ministry of Investments, Trade and Industry’s directive of 30 September 2025, which sought to require Kenya Industrial Property Institute (KIPI) Board approval for the registration, renewal and revocation of trade marks, patents, utility models and industrial designs. This is a significant development which all intellectual property stakeholders in Kenya should take note of, given the effect it has had to safeguard the integrity of the local intellectual property system.

In Law Society of Kenya v. Principal Secretary, State Department for Industry & Others, the Court set aside the directive in its entirety, reaffirming the statutory framework governing the administration of intellectual property rights in Kenya. The Court held that the directive unlawfully attempted to transfer technical and operational responsibilities from the Registrar of Trade Marks and KIPI management to the KIPI Board, whose mandate is limited to governance and oversight functions. The judgment further found that the directive exceeded the Principal Secretary’s powers and would have introduced unnecessary and unlawful administrative hurdles and delays into Kenya’s IP system.

As a result, the established procedures for the filing, examination, registration, renewal and enforcement of intellectual property rights before KIPI remain unchanged. The decision provides much-needed certainty for rights holders and reinforces the independence and integrity of Kenya’s intellectual property administration framework.