High Court issues orders to government on GMO maize ahead of planting season
High Court temporarily stops the government from handling, transferring, or using GMO maize
High Court temporarily stops the government from handling, transferring, or using GMO maize.
The High Court in Kisumu has issued an interim order prohibiting the National Biosafety Authority from issuing any approvals for the transfer, handling, and use of genetically modified organism (GMO) maize varieties.
Justice Joe Omido issued the order on Thursday, March 14, following a petition filed against the Kenya Plant Health Inspectorate Service (KEPHIS) and the Ministry of Agriculture, Livestock, and Fisheries, and two others.
The court specifically prohibited KEPHIS, the first respondent in the case, from approving the transfer or use of genetically modified maize in the country.
“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,” part of the ruling read.
According to Omido, the petitioners filed the case challenging the government’s decision on allowing the use of GMO maize.
In their filing, the petitioners noted that this move will affect farmers and consumers, stating that it is a matter of national importance.
They also issued concerns that the introduction of GMO maize could threaten indigenous maize varieties and impact soil health.
The case stems from a Cabinet decision in 2022 to allow the cultivation and importation of genetically engineered crops. The decision made in October, barely two months after Ruto took power overturned an earlier ban set in 2012.
The orders issued by the court on Friday require the Attorney General and all other respondents to be served with the petition. The case will be mentioned on April 3, 2025, for further directions.
The High Court has dismissed several petitions challenging the lifting of the ban on GMO food, saying the matter had been dealt with by the Environment and Land Court in 2023.
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In a statement, a penal notice attached to the order warned of legal consequences for anyone who disobeyed the court’s directive.
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences,” the notice stated.
This comes after Agriculture Cabinet Secretary, Mutahi Kagwe, revealed on January 14 that he will impose a ban on the importation of some GMO products. Despite the High Court giving an okay to the growth and importation of genetically modified organisms (GMOs).
Mutahi maintained that he would not preside over a system where Kenyans are used as guinea pigs by other foreign nations.
“GMOs that we have created for ourselves using our own scientists are those that we should be considering on a first-line basis.”
“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,” Kagwe stated.
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