Regulatory Update: Court suspends new Ministry oversight measures affecting IP processes in Kenya

The Ministry of Investments, Trade and Industry in Kenya recently issued a directive to the Managing Director of the Kenya Industrial Property Institute (KIPI), which provided that no trade marks, patents, or industrial designs are to be registered, renewed, or revoked without prior approval of the KIPI Board.

The directive followed concerns that the KIPI has been processing and registering intellectual property without involvement of the Board or its technical committee. According to the Ministry, such actions undermine the authority of the Board and the integrity of the registration process. Allegations relating to governance and management matters within KIPI have also prompted this intervention.

The Law Society of Kenya (LSK) subsequently filed a petition before the High Court of Kenya, challenging the legality of the Ministry’s directive. On 14 October 2025, the High Court issued an interim conservatory order, effectively restoring the KIPI’s independence and suspending the Ministry’s directive.

The matter has been scheduled for hearing on 28 October 2025, where the Court will issue further directions on the petition and the status of the interim orders.

In the meantime, the KIPI continues to process filings, examinations, renewals, and registrations in accordance with its normal statutory procedures.

We are closely monitoring developments and will continue to provide updates as more information becomes available.

Eugene Honey

Partner | Attorney

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Michelle Smith

Associate | Attorney

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