The High Court of Kenya has effectively decriminalized the practice of seed sharing in the country by declaring punitive sections of the Seed and Plant Varieties Act unconstitutional.
Sections of the Act made it illegal to process or sell seeds unless they were registered seed merchants, gave sweeping powers to inspections to raid seed banks and handed proprietary rights to plant breeders.
Kenyan farmers caught breaching the Act could have faced up to two years in jail and fines of up to 1 million shillings (just under 8,000 USD.
Campaigners, who challenged the restrictions arguing that they outlawed Farmer-Managed Seed Systems (FMSS) and put multinational corporations in control of Kenya’s food security, hailed the landmark ruling:
“This judgment is a shield for our biodiversity,” said Biodiversity and Biosafety Association of Kenya programs officer Gideon Muya.
“Indigenous seeds are the library of life – they hold the genetic diversity we need to withstand droughts, pests, and a changing climate.”
“The shackles have been removed from Kenya’s farmers,” said Elizabeth Atieno, Food Campaigner at Greenpeace Africa.
“This is not just a legal win; it is a victory for our culture, our resilience, and our future.”
“By validating indigenous seeds, the court has struck a blow against the corporate capture of our food system,” she added.
Utilizing an FMSS is ecologically and financially sustainable and helps to maintain agricultural biodiversity and protect food sovereignty.
Greenpeace Africa called upon Kenya’s Ministry of Agriculture to immediately align national policies with the judgement.
