Giving Herbal Medicine Legal status in Kenya

By Wairimu Nyambura

Nov 2010

The lack of proper legislation for traditional medicine and medicinal plants by the government continues to expose three quarters of Kenyans who depend on traditional medicine to quacks operating within the lucrative herbal industry.

The failure by the government to table the three year old bill dubbed 'The traditional herbal medicine and medicinal plants Bill 2008', continues to put at risk not only the health of the public but also indigenous knowledge of traditional herbalist that dates back to the cradle of mankind, says Dr.Esther Matu, a traditional medicine and drug researcher at the Kenya Medical Research Institute -KEMRI.

"It is crucial for government to put in place the relevant legal framework and policy to protect the public from quackswho take advantage of needy Kenyans who cannot access conventional medicine mainly because it is expensive,"said Dr.Matu who was addressing a Science cafe forum at a Nairobi hotel.

The traditional herbal medicine and medicinal plants Bill 2008, aims at giving local herbalist the chance to conserve the bio diversity of medicinal plants that are slowly becoming unavailable mainly due to changing climatic conditions.

It also aims at protecting intellectual property rights of herbalist, whose skills are mostly acquired through the family lineage and enable policy and regulatory framework for research and development.

The Pharmacy and poisons board, in the past has conducted crack downs on counterfeits medicine operating in the country.  

According to the boards recent publication, most herbalists lack the proper equipment to eradicate impurities in the herbs they use since most are still dependent on traditional methods of producing medicinal drugs. The results are high levels of toxicity in the end product for consumers. The board plans to come up with proper guidelines aimed at regulating counterfeits in the country.

Proper legislation would ensure high standardization levels to curb the issues of toxicity in the drugs been consumed, notes the board.

Traditional herbalists fall under the ministry of gender and social services however the bill has been drafted by the Ministry of state for Planning, National Development and Vision 2030 irking stakeholders in the industry who want it under the Ministry of Health to speed up legislation.

Medical herbalist Dr. Jack Githae, says the lack of political good will has created an impediment in the legislation of the bill.

He notes that proper legislation will help remove stigmatization of the herbal industry as most herbalists will be vetted to protect the public from those out to make a quick buck.

"The herbal industry has always been viewed negatively with some Kenyans associating it to witch craft but legislation will help to subject traditional medicine to conventional scientific research that will help alleviate any stigma in the industry."

Dr. Githae says the fear by herbalist that their indigenous knowledge could fall to the wrong hands, has led low documentation of treatment methods forcing many herbalists to rely on testimonials from patients to help promote their work.

The bill, he says, will protect intellectual property and empower traditional healers.

He cites the need to change the current medical curriculum in local universities to incorporate traditional medicine and tap this wealth of indigenous knowledge.

Dr. Githae boasts of having a monogram of 7, 500 medicinal plants in place, he is also a regional member of traditional medicine under the World Health Organisation(WHO).

According to WHO,one way of validating medicine is through applied research, based on prolonged usage. Dr. Githae claims that traditional medicine has met this criteria and the lack of legislation keeps on delaying much needed growth of the industry.

Presently Nigeria boasts of having patented a drug that treats sickle cell anemia, while Kenya is in the process of patenting a drug that treats oral and vaginal herpes simplex called Anti-HSV.

Stakeholders say that the legislation of the bill will protect the industry from vested interests who exploit the medicinal plants in the country, while communities from where the plants are harvested don’t enjoy the economic benefits.

According to a recent publication, industrial enzymes from microbes used for fading jeans were discovered in Lake Baringo, Rift valley and they are estimated to be worth USD600 million however the community is yet to reap any benefits.

The Bark Prunus Africanas harvested from Mt. Kenya has been used to manufacture drugs for treatment of prostrate and gland cancer yet there have been no reports of the community benefiting economically from the exportation of this plant. 

This is the story of exploitation in most parts of the country where medicinal plants grow according to the report.

The  report notes that most countries are raking in billion of dollars through the herbal industry. For example Western Europe made profits worth 375 billion in 2003 and 2004. China had sales totaling to 1050 billion in 2005 while Brazil in 2007 made 12 trillion from the herbal industry.  

As such the 'Traditional herbal medicine and medicinal plants Bill 2008' will help in the documentation of traditional medicinal plants as most will be subjected to scientific research and analysis ensuring that drugs are administered in the right dosage and high quality standards are maintained to minimize health risks to the public, says Dr.Matu.

However the current parliament has over 49 pieces of legislation to pass as such the fate of the bill hangs in the balance. (Published in Nov, 2010)