KENYA – Kenya’s National Biosafety Authority (NBA) has pledged strict enforcement of regulations governing genetically modified organisms (GMOs) following a High Court decision that upheld the country’s regulatory framework for these biotech products.
The court ruling confirmed the legality of a Cabinet decision from October 2022, which lifted Kenya’s decade-long ban on GMOs and asserted that the country possesses adequate safeguards to manage GMO-related activities.
This decision opens doors for regulated GMO importation, commercialization, and market placement, particularly targeting food security challenges such as drought and low agricultural productivity.
Following the ruling, the NBA, established under the Biosafety Act of 2009, emphasized that all GMO activities, including importation, cultivation, and market placement, must adhere to strict legal requirements.
“The NBA’s regulatory measures ensure that any GMO activity is conducted responsibly and transparently,” said Nehemiah Ngetich, acting NBA Chief Executive Officer.
“We are committed to safeguarding public health, the environment, and Kenya’s agricultural future.”
Individuals and entities dealing in GMOs are required to secure prior written approval from the NBA, as stipulated in Sections 18 to 23 and Section 50 of the Act. Unauthorised activities could result in penalties under Section 52, which criminalizes non-compliance.
The NBA has made application procedures and forms available on its website and the government’s E-Citizen platform to streamline the process.
The authority also serves as Kenya’s focal point for the Cartagena Protocol on Biosafety, an international agreement aimed at ensuring safe GMO practices.
New regulations for GMO animal feed importation
In light of the court ruling, the NBA has introduced specific guidelines for importing and marketing genetically modified animal feeds, particularly those already approved in other countries.
According to Nehemiah Ngetich, decisions on importation under Section 28 of the Biosafety Act will be made within 30 days. For other cases, the process may take up to 150 days.
Applications for market placement must be completed online, with an initial cost of KES 850,000 (US$5,640). If approved, market placement licenses are valid for up to 10 years and are exclusive to the applicant. Importation permits, priced at KES 25,000 (US$166) annually, must be obtained separately.
According to the NBA, to ensure safety and compliance, all GM products intended for importation must be rendered non-viable, either through milling at the country of origin, port of entry, or other NBA-approved facilities. This measure aims to prevent unintended propagation.
Millers and operators are also required to implement internal quality controls to segregate GM and non-GM products during processing and handling. Packaging and labeling must comply with the Biosafety (Labelling) Regulation, 2012, and NBA guidelines.
Labeling fees range from KES 10,000 (US$70) to KES30,000 (US$210) annually, depending on company turnover.
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