The Nairobi-based groups said any intellectual property pacts could lead to expensive medicines and medical supplies, and may restrict cheap generic medicines from the Kenyan market.
Many global health advocates say intellectual property laws on patents lead to high prices of new medicines, restricting access.
The total use of original brands in Kenya was 43 per cent while generic was at 57 per cent in 2017, according to the Kenya Health Federation, an industry lobby.
The Kenyan civil society advocates, in a letter to Trade Principal Secretary Alfred K’Ombudo, said the initial Free Trade Agreement talks in 2020 contained an IP chapter.
Patents are not under discussion in the current talks.
“We expressed concern that such a chapter … will thus adversely impact access to affordable medical products in Kenya such as medicines, vaccines, masks, ventilators and other technology needed to deal with the Covid pandemic, future epidemics, as well as the HIV, TB, Malaria and the non-communicable disease burden,” they said.
The advocates said Kenya would easily get a raw deal in patent discussions considering that the US is pro-intellectual property and is one of the largest donors for Kenya’s HIV treatment budget.
The US and Kenya will hold an in-person negotiating round under their Strategic Trade and Investment Partnership in Kenya from April 17-20 this year.
These talks are a carry-over from the free trade agreement discussions that began in 2020 under then-President Donald Trump.
The current US government abandoned the FTA talks last year and introduced STIP, where intellectual property does not feature.
“We would like to take this opportunity to congratulate the Ministry [of Trade] for ensuring that intellectual property is not one of the identified areas of negotiation. We would like to urge the ministry to ensure that this position is maintained throughout these negotiations,” the Kenyan groups said.
They are the Kenya Legal and Ethical Issues Network on HIV and Aids , Kenya Treatment Access Movement, Network of TB Champions Kenya, Pamoja TB Group and Nelson Mandela TB HIV Information CBO.
The others are Wote Youth Development Projects CBO, National Empowerment Network of People living with HIV/Aids in Kenya, Health NGOs Network, Kamukunji Paralegal Trust, ICW – Kenya and Action Group for Health Rights and HIV/Aids Uganda.
“We have previously written an advisory to the ministry warning of the potential danger that trade agreements pose on access to essential medicines,” they said.
Innovator brands tend to be about 14 times more expensive than generics in Kenya.
Kenya and the US completed the conceptual discussions under the STIP initiative in Washington, DC, last month.
The goal of the partnership, according to the two governments, is to increase investment; promote sustainable and inclusive economic growth; benefit workers, consumers, businesses and support African regional economic integration.
The partnership will also support the participation of women, youth and others in trade, standards collaboration, and trade facilitation and customs procedures.
With a bilateral deal, Kenya is keen to tap at least five per cent of the US, market, which has the potential to earn the country more than Sh2 trillion in export revenues annually.
In 2021, Kenya's exports to the US grew to Sh59.5 billion, up from Sh49.3 billion previous years, with increases in the exports of macadamia nuts and articles of apparel and clothing accessories.
The US is the largest export destination of Kenya’s apparel, accounting for more than 90 per cent of garment exports every year, a sector that stands out as the biggest beneficiary in an improved trade environment under the FTA.
(edited by Amol Awuor)
