Kenyan court suspends approval of GM maize, cites risks to soil health
The petitioners argued that the introduction of GMO maize poses risks to indigenous maize varieties.
KENYA – Kenya has temporarily halted the approval of genetically modified organism (GMO) maize varieties following an interim order issued by the High Court in Kisumu.
The ruling, delivered by Justice Joe Omido on Thursday, March 14, restrains the National Biosafety Authority and the Kenya Plant Health Inspectorate Service (KEPHIS) from issuing any approvals for transferring, handling, and using GMO maize.
The court’s decision follows a petition filed against KEPHIS, the Ministry of Agriculture, Livestock, and Fisheries, and two other entities, challenging the government’s position on genetically modified crops.
The petitioners argued that the introduction of GMO maize poses risks to indigenous maize varieties, soil health, and the livelihoods of local farmers.
“An interim conservatory order is hereby issued prohibiting the 1st respondent (KEPHIS) from issuing any approvals for the transfer, handling, and use of genetically modified maize varieties,” the court ruling stated.
The Attorney General and other respondents have been directed to respond to the petition before the next mention of the case, scheduled for April 3, 2025.
The dispute stems from a 2022 Cabinet decision that lifted the 2012 ban on GMO crops, allowing their cultivation and importation in Kenya.
The move was seen as a strategy to boost food security and address recurring maize shortages. However, it has faced opposition from various quarters, including farmers, consumer rights groups, and environmental activists, who argue that GMOs could have long-term negative effects.
In previous instances, the High Court dismissed several petitions challenging the reversal of the GMO ban, citing a prior ruling by the Environment and Land Court in 2023. Despite this, the latest court intervention underscores the continuing controversy surrounding the government’s policy on genetically engineered crops.
Agriculture Cabinet Secretary Mutahi Kagwe has also expressed reservations about GMO maize. On January 14, he indicated that he would impose a ban on certain GMO imports, even after the High Court had cleared the way for their adoption.
Kagwe emphasized the need for locally developed GMO solutions rather than relying on foreign-engineered products.
“The maize that we are growing today is not the maize that we originally got from Mexico centuries ago. It is a different one. It is critical for us to ensure that we are not used by people for the testing of their GMO products. If you have a GMO product that you have designed yourself, use it in your own country,” he stated.
A penal notice attached to the High Court’s order warned that any entity or individual who defies the ruling will face legal consequences.
The latest developments indicate that Kenya’s stance on GMOs remains highly contested, with further legal and policy debates expected in the coming months.
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