Experts push for overhaul of Kenya’s outdated Seed Law to protect indigenous varieties and food sovereignty

Agricultural stakeholders are calling for a complete overhaul of Kenya’s Seed and Plant Varieties Act, Cap 326, which they say undermines the country’s indigenous seed systems and encourages dependence on imported varieties.

The Seed Savers Network, a Kenyan social enterprise promoting agro-biodiversity, has been leading the push to reform the law to reflect the realities of modern agriculture and the rights of smallholder farmers.

Speaking during a stakeholders’ forum in Nakuru, the network’s coordinator, Daniel Wanjama, said the law, enacted in 1972, has become obsolete and fails to address emerging challenges in the sector.

“The current statute discriminates against the participation of a large segment of Kenyans in this vital industry,” Wanjama said.

He explained that while the 2010 National Seed Policy recognized both formal and informal seed systems, this has never been integrated into the law — despite the informal sector supplying nearly 80 percent of Kenya’s seed requirements.

Under the existing law, the sale, exchange, or barter of uncertified or unregistered seeds, including indigenous varieties, is illegal and punishable by up to Ksh1 million in fines or two years in prison.

Wanjama described the penalties as oppressive and counterproductive, arguing that they strip farmers of their traditional right to grow, trade, and share local seeds.

“Freely sharing homegrown seeds will prevent the extinction of our indigenous varieties,” he added, urging the government to fund community-based seed banks and farmer-led initiatives.

He noted that indigenous seeds are not only resilient to pests, diseases, and drought but also culturally significant and better suited to Kenya’s changing climatic conditions.

According to Wanjama, revitalizing indigenous seed systems could create thousands of jobs for youth and women while strengthening food sovereignty and reducing reliance on expensive imported seeds and fertilizers.

He called for the inclusion of a farmer-managed seed system model in the revised Act to ensure quality control, define stakeholder roles, and encourage collaboration between national and county governments, agricultural agencies, and community seed banks.

“We must strengthen both the formal and informal seed systems so they complement, not compete with, each other,” Wanjama emphasized.

Wanjama also highlighted the important role played by women in preserving traditional seeds and ensuring household food security. He urged the government to prioritize indigenous seed bank funding in its annual budget to promote organic farming and lower production costs.

The Genetic Resources Research Institute (GeRRI), based in Muguga, Kiambu County, currently houses over 50,000 plant species in Kenya’s national gene bank. Wanjama suggested expanding its mandate to include partnerships with smallholder farmers and community seed initiatives.

He further warned that climate change is already reshaping Kenya’s agricultural landscape, making indigenous crops increasingly vital in building resilience against drought and food shortages.

“The new law must reflect the realities of Kenyan farmers and align with national and global sustainability goals,” he concluded.