Kenya free to roll out GMO cultivation, importation after High Court ruling

KENYA – Kenya’s push to embrace genetically modified organisms (GMOs) has gained momentum after the High Court dismissed petitions challenging the government’s 2022 decision to lift a 10-year ban on GMO cultivation and importation.

In a November 7, 2024, ruling, Justice Lawrence Mugambi upheld an earlier decision by the Environment and Land Court. The court found that petitioners, including the Law Society of Kenya (LSK), failed to provide evidence that GMOs harm the environment or human health.

The ruling follows a series of legal battles and signals a green light for the adoption of biotechnology in Kenyan agriculture.

Justice Mugambi stated that the matter was res judicata– already adjudicated, citing the Environment and Land Court’s October 2023 judgment, which affirmed the government’s safety measures for GMO regulation.

“This court has not been shown any evidence that the respondents and the institutions named have breached the laws, regulations, and guidelines about GM foods,” said Justice Oscar Angote in the 2023 judgment.

He added that Kenya’s Biosafety Act and National Biosafety Authority (NBA) ensure robust oversight of GMO handling and cultivation.

Following the ruling, Kenya joins a growing list of African nations adopting GM crops, including South Africa, Nigeria, Ethiopia, and Sudan. These countries have reported increased yields, reduced pest damage, and lower production costs, reinforcing the potential benefits for Kenyan farmers.

Additionally, Kenya’s decision to embrace GMOs comes amid persistent food insecurity. According to the Food Security and Nutrition Analysis Unit (FSNAU), 3.2 million people in arid and semi-arid areas faced acute shortages as of September 2022.

Advocates argue that GM crops, such as pest-resistant cotton, drought-tolerant maize, and virus-resistant cassava, could boost production and alleviate hunger.

Concerns over safety, public participation

One of the petitioners, Paul Mwangi, an attorney, argued that the lifting of the ban was done without public participation, was hurried, and violated the rights of consumers and small-scale farmers.

He claimed that lifting the ban on GMOs would lead to the disappearance of indigenous seeds and the commercial practice of protecting the patent rights of GMO seeds.

But Justice Mugambi said the Environment and Land Court considered the implication of lifting the ban and the safety measures put in place and concluded that the current laws were in harmony with the need for a clean and healthy environment.

“The Biosafety Act stipulates that the National Biosafety Authority should collaborate closely with the Department of Public Health, which safeguards consumers’ health through food safety and quality control,” Justice Angote said in the October 2023 judgment.

7 GM crops being tested for performance, farming suitability

The National Biosafety Authority has revealed that seven crops undergoing genetic modification in the country have either advanced to the confined field trial or the environmental release stage.

In a report, NBA said that cotton, sweet potato, cassava, Sorghum, maize, banana, and the Gypsophila flower are among crops that advanced to either of the two stages.

“Several crops and animal-related biotechnologies are at different stages of development in Kenya. The listed crops have so far advanced to the confined field trial and/or environmental release stage,” the report stated.

A confined field trial (CFT) is a controlled experiment that tests the performance of a biotech-derived plant in a field setting to evaluate its performance and suitability for farming.

On the other hand, the environmental release stage refers to the point at which a genetically modified (GM) crop is introduced into the natural environment for the first time outside controlled conditions to examine how the GM crop interacts with the surrounding ecosystem, including soil, other plants, animals, and insects.

Proponents of GMO technology hailed the court ruling as a milestone for science and agriculture in Kenya.

Prof. Richard Oduor, chair of the Kenya University Biotech Consortium, expressed excitement, emphasizing the potential for GMOs to increase crop yields and enhance food security.

“Farmers will now have the opportunity to sample the technology we have been developing,” said Prof. Oduor. He added that GMO technology has a proven track record globally, with nearly 30 years of safe use.

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