**1. Introduction**

Traditional institutions encompass different types of Indigenous organisations that differ based on their functions such as local governance, community resource mobilisation, security, asset management, conflict resolution, management committees for infrastructure and sector services, among others [1]. They are complex and multifaceted and have been typologised into land-based, livestock-based, labour-sharing, mutual assistance (social), health, traditional beliefs (including rituals, spiritual leaders & sacred areas), traditional leaders, recreational, and conflict resolution institutions [2].

The study conceptualises traditional knowledge (TK) holders' institutions [3] broadly, as socially embedded, flexible, legitimate, inclusive and holistic frameworks with regulatory, cognitive and normative dimensions, making them a valuable resource for achieving SDGs [4–6]. They encompass the laws, customs, traditions, social networks and entities (including councils of elders and certain individuals holding specialised knowledge).

The study focuses on SDGs-9 and 16. SDG-9 deals with industries, innovation, and infrastructure [7], while SDG-16 focuses on peaceful and inclusive societies, access to justice and the building of strong institutions [8]. The study focuses on SDG-9 because TK holders' institutions have a role in the promotion of innovation. Whereas most studies have focused on the interplay between IP institutions and innovation, there is less focus on the role of TK holders' institutions in promoting innovation. Analysing TK holders' institutions, will shed light on their role in driving innovation, and addressing institutional barriers (e.g. failure to meet the test of rigidly established industrial standards within IP rights) to the commercialisation of innovations by communities and realisation of their entrepreneurial potential [9]. Moreover, and while IP institutions have been criticised for being gender biased against women innovators and creators [10], local institutions 'may feature more or less restrictive gender norms' and hence create opportunities for the different groups to participate in, and benefit from innovation processes [11, 12]. The case studies in this work will illuminate on the gender dimension of TK holder's innovation, and the inclusive and practical approach to gender of TK holders' institutions.

Promoting SDG-16 holds the promise for building institutions to promote justice and empower TK holders, most of whom are living in abject poverty yet their TK and associated resources continue to be misappropriated through the IP regime. It, therefore, becomes necessary to evaluate the role of TK holders' institutions in strengthening formal institutions such as the IP institutions.

Relatedly, due to the data generated by TK holders' institutions, and their role in driving innovation, they provide a conducive environment for entrepreneurship, and determine prevalence, type and nature of entrepreneurship. This is particularly true in Africa where most goods and services are sourced, produced and sold within families or other trusted social networks in a collaborative manner ([6], note 4 at 95).

Moreover, TK holders' institutions are data repositories and data governance frameworks that can be deployed in designing a strong regime for TK holders' data sovereignty. The data they hold underlies their innovative capacity; strengthens institutions; manages, monitors and mitigates risks; and thus hold the promise for the realisation of the developmental needs and aspirations of TK holders including the attainment of other SDGs such as SDG-15 [13] and 13 [14].

The paper has six sections. Section 1 is this introduction that sets out the general outline of the study. Section 2 discusses the methodology. In Section 3, the two case studies are discussed to set the research context. The broad conceptual parameters are set out in Section 4, where TK holders' institutions are discussed. It then situates TK holders' innovation within the wider framework of innovation. It then discusses TK holders' institutions, and their contribution in strengthening formal institutions such as the IP institutions. Thereafter, the study conceptualises TK holders' institutions, and their role in driving entrepreneurship, and in data governance. Section 5 sets out the findings of the study thematically including the challenges bedevilling the TK holders' institutions while Section 6 is the conclusion.

### **2. Research methodology**

The research was a desktop study supplemented by semi-structured interviews and focus group discussions (FGDs) in the two case studies [15]. The Mbeere community was selected because of its traditional pottery practices while the Mijikenda community was selected because of their effective form of traditional management

#### *Harnessing Traditional Knowledge Holders' Institutions in Realising Sustainable Development… DOI: http://dx.doi.org/10.5772/intechopen.98802*

systems of the *kaya* forests (sacred groves). In the Mijikenda case study, I built upon previous research that I carried out as part of my doctoral project in 2018 on the role of traditional institutions in the protection of TK. Through that study, I was able to establish close personal, professional relations and mutual trust with the community, allowing easy access to information. Thus, it was easy to identify the respondents to participate in the interviews and FGDs.

The findings are based on 25 interviews conducted in the 2 case studies mainly with TK holders' representatives, researchers, civil society organisations (CSOs) and government agencies. I contacted some of the interviewees via phone especially those from CSOs and government agencies that I had interviewed previously in the course of the doctoral project. The interviews were conducted between 14/10/2019 and 05/11/2019. Among the Mijikenda, I interviewed 15 people. 10 of the interviews were *kaya* elders, 2 members of CSOs working in the area (Community Action for Nature Conservation (CANCO), and Trust for Indigenous Culture and Health (TICAH)), and 3 government representatives (Kenya Forest Service (KFS), Coastal Forest Conservation Unit (CFCU) and Kenya Resource Center for Indigenous Knowledge (KENRIK) based at the National Museum of Kenya (NMK).

In the Mbeere case study, I interviewed 10 people. Majority of the interviewees were women involved in pottery [8] and 4 from CSOs (African Biodiversity Network (ABN) and the Institute for Culture and Health (ICE). The length of the semi-structured interviews ranged from 30 minutes to one hour and 15 minutes, on average lasting approximately 45 minutes, where questions focused on the role of TK holders' institutions in the promotion of innovation and building of strong institutions. Both closed and open-ended questions were used to ensure comprehensive coverage of the issues, and to minimise the disadvantages arising from using only one form of questioning, while maximising the advantages of each. The interviews allowed respondents to express views in their own terms and in detail. Purposive selection was used to identify the key informants.

To complement the interviews and to verify some of the claims made during the interviews, 2 FGDs were organised with key informants identified during the interview process. One in Kaloleni in Kilifi on 4 November 2019 for the *kaya* elders, and another in Ishiara on 12 November 2019 for the Mbeere. Each of the FGDs lasted approximately 45 minutes. There were 15 people in the Mijikenda FGD comprising mostly *kaya* elders, community members, county forest guards, representatives from National Museum of Kenya (NMK), and the Coastal Forest Conservation Unit (CFCU). In the Mbeere case study, the FGD comprised of 10 potters since there are currently no efforts by government or CSOs to support the potters. The purpose of the FGDs was to obtain information from informants on how TK holders' institutions can be harnessed to realise innovation and strengthen institutions. Moreover, through the FGDs, the researcher gained insights into the data that TK holders' institutions generate, their role in data governance and entrepreneurship.

The interviews, FGDs and literature review were structured so as to answer the following questions. What are the existing TK holders' institutions with the potential to contribute to innovation and strong institutions in Kenya? How can TK holders' institutions be harnessed in the realisation of innovation and strong institutions in Kenya? What role do women play in driving innovation, and in relation to TK holders' institutions? What data do TK holders' institutions generate and how does the said data strengthen those institutions and innovation, and thus boost the SDGs? And what role can TK holders' institutions play in data governance to engender transformational entrepreneurial potential for TK holders?

The qualitative data gathered from the semi-structured interviews and FGDs was analysed using a thematic deductive analysis approach. This approach aided in the identification of themes and interpretation of information. The interviews were recorded and transcribed, while notes were taken from the FGDs. Transcripts were reviewed and systematically coded using a coding grid. The common codes in the grid were then interlinked to highlight similarities and differences within and between the codes. Selected codes were consolidated and given a descriptive label in order to reflect a specific theme bearing in mind the research questions. The themes were then reviewed and refined to eliminate coding redundancies, and to ensure the data is accurately portrayed. Thereafter, the themes were defined, named and those reflecting a similar idea merged into global themes, and inserted in a column within the coding grid. Interpretation was done by identifying and examining the underlying ideas, assumptions, conceptualisations and ideologies that shape or inform the data, bearing in mind the research questions. Lastly, the research project was written up in a way that illustrates the trustworthiness and validity of the results, relating analytically the experiences from the three case studies, and linking them to relevant literature. The broad themes that rose from the data are: existence and nature of TK holders' institutions and the roles of TK holders' institutions in: innovation, building strong institutions, entrepreneurship and data governance.
