670 33 Protection of Traditional Knowledge and Cultural Expressions (4) The intention to transfer such rights shall be communicated in writing or in such a manner as may be No. 2016 prescribed by the Cabinet Secretary. (5) Upon receipt of the application the Cabinet Secretary may, in consultation with the relevant communities grant approval subject to the terms and conditions it deems fits, including imposition of charges by way of royalties or may for reasons recorded in writing reject the application. (6) Applications for the transfer of intellectual property rights, in or outside Kenya based on traditional knowledge and cultural expressions obtained in Kenya shall require the prior approval of the Cabinet Secretary. 36. (1) A prospective user of traditional knowledge or ?:f'fffilTi' cultural expressions may obtain the prior informed consent knowredge holders. of the holders, under section 25, without applying to the Cabinet Secretary. (2) The prospective user shall inform the Cabinet Secretary that the prospective user has sought the consent of the holders and provide the Cabinet Secretary with a copy of the proposed authorized user agreement between the prospective user and the holders for comment, and advice. (3) The prospective user shall provide a copy of the signed authorized user agreement to the Cabinet Secretary, for entry into the register, within thirty days of the agreement coming into force. (4) If a prospective user and the holders enter into an authorized user agreement, the holders are deemed to have given their prior and informed consent to the proposed use. (5) The failure to provide the agreement under subsection (3) may render the agreement void. PART VII_SANCTIONS AND REMEDIES 37. (1) A person who- (a) has in possession or control in the course of trade; (b) manufactures, produces or makes in the course of trade; (c) sells, barters or exchanges, offers or exposes for sale, disposes, distributes, hires out; Offences and penaltres