Kenya opens the gate for importation and cultivation of Genetically Modified Organisms (GMO’s)

The recent dismissal by the High Court of an anti-GMO (Genetically Modified Organisms) case aligns Kenya’s position on this topic with the stance that has already been adopted by several African countries. South Africa, for example, has been cultivating genetically modified maize, cotton and soybeans for years, with other countries such as Ethiopia, Malawi and Nigeria also having adopted genetically modified varieties for maize and cotton crops.

The Kenyan President, William Ruto, issued an executive order, lifting a 10-year ban that was previously placed on the cultivation and growth of GMO’s. The ban was lifted in 2022 and ignited an array of court cases from individuals and consortium activists together with the Law Society of Kenya (LSK), arguing that the importation and cultivation of GMO foods could harm the local biodiversity and be harmful to humans and animals alike.

The LSK argued that the ban was lifted without the necessary public consultation, which not only results in a violation of consumer rights, but also negatively impacts the interests of small-scale farmers. Other interested parties argued that the importation of GMO foods was authorised without the required environmental impact assessments having been conducted. To this end it was argued that the importation of GMO foods could well result in a loss of indigenous seed varieties a concern that had not been properly assessed or considered.

However, during the course of November the High Court ruled on the matter, indicating that the issue was already addressed by the Environment and Land Court in a previous matter, which court enjoys similar standing to that of the High Court and thus ruling that the issue had already been fully determined and cannot be re-litigated.
The ruling of the Environment and Land Court that the High Court referred to concluded that the LSK did not provide sufficient evidence to prove that the GMO’s pose a threat to the environment or to human health. The High Court highlighted the role of the Kenya Biodiversity Act of 2009, pointing out that the act provided a clear legal framework and safety measures for the handling, transfer and use of GMO’s.

Local Universities and technological institutions, as well as scientist from leading research organisations welcomed the dismissal by the High Court, indicating that, in the long run, it is a win for science, farmers and the greater Kenyan population alike.