By Eddah Waithaka
In a landmark ruling for food sovereignty, the High Court of Kenya has struck down sections of the Seed and Plant Varieties Act, decriminalizing the ancient practice of saving, sharing, and exchanging indigenous seeds.
The judgment declares Farmer-Managed Seed Systems (FMSS) a protected right, dismantling a legal regime that had threatened smallholder farmers with fines of up to 1 million shillings and prison sentences for dealing in unregistered seeds.
The court ruled that the punitive law unconstitutionally handed control of Kenya’s food system to multinational corporations.
Justice Rhoda Rutto’s ruling specifically declared unconstitutional clauses that granted seed inspectors powers to raid seed banks, criminalized farmers for processing or selling seeds unless they were registered merchants, and gave extensive rights to plant breeders while ignoring the rights of farmers.
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“I have waited years to hear these words,” said Samuel Wathome, the lead petitioner in the case filed by 15 smallholder farmers. “My grandmother saved seeds, and today the court has said I can do the same for my grandchildren without fear of police or prison. Today, the farmer is king again.”
Campaigners hailed the decision as a monumental victory for climate resilience and cultural heritage.
“Today, the shackles have been removed from Kenya’s farmers. The court has affirmed what we have known all along: Seed is Sovereign,” said Elizabeth Atieno, Food Campaigner at Greenpeace Africa.
“This is a victory for our culture, our resilience, and our future.”The ruling recognizes indigenous seeds as a critical shield against climate change.
Gideon Muya, Programs Officer at the Biodiversity and Biosafety Association of Kenya, called them “the library of life,” holding the genetic diversity needed to withstand droughts and pests.
Agroecologist Claire Nasike celebrated the judgment, stating, “Seed is life, and it is sovereign. It is a delight that the right to save, share and exchange seeds is in the right hands, those of Kenyan farmers.”
The legal team emphasized the ruling’s far-reaching impact. Wambugu Wanjohi, Legal Counsel for the Law Society of Kenya, which supported the petition, said the judgment “sets a powerful legal precedent not only for Kenya but also for the entire African continent.”
Greenpeace Africa and its partners are now calling on the Ministry of Agriculture to immediately align national policy with the judgment and formally recognize Farmer-Managed Seed Systems.
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