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High Court overturns law criminalizing indigenous seeds, handing major victory to Kenyan smallholder farmers and seed rights

AgricultureNational
Waithanji Kaberi
Author: Waithanji Kaberi
1 min.read

The High Court has struck down key sections of the Seed and Plant Varieties Act, declaring them unconstitutional and ending years of criminalization against farmers who save, share or exchange indigenous seeds.

In a landmark ruling, Justice Rhoda Rutto found that the contested provisions violated fundamental constitutional rights including culture, livelihood, and economic freedom by imposing harsh penalties on farmers who used unregistered seeds. The nullified clauses had allowed inspectors to raid community seed banks, restricted seed reuse, and effectively handed sweeping powers to commercial breeders.

The case was filed by 15 smallholder farmers supported by civil society groups pushing for farmer-led seed systems and agroecology. They argued that the law unfairly burdened rural communities and placed corporate interests above farmers’ traditional practices.

Samuel Kioko Wathome, a smallholder farmer from Machakos and one of the petitioners, welcomed the decision, saying it restores dignity and freedom to farmers long treated as offenders. “We have always saved our own seeds because many of us cannot afford expensive certified seeds. This ruling removes the fear that we were doing something wrong,” he said.

Another petitioner, Veronicah Kalondu, said indigenous seed varieties remain vital for community survival, especially in the face of climate change. “These seeds withstand droughts, floods and poor soils. Protecting them means protecting our future,” she said.

Civil society groups such as Greenpeace Africa hailed the judgement as a major step in safeguarding biodiversity and ending what they described as corporate control of local food systems. Experts noted that the ruling strengthens the protection of Farmer-Managed Seed Systems (FMSS), which have supported Kenyan communities for generations.

Biodiversity advocates added that the decision reaffirms the importance of indigenous seeds in climate adaptation and food security, unlocking opportunities for community seed banks and farmer-to-farmer exchanges.

Petitioners now want the Ministry of Agriculture to revise national seed policies, formally recognise FMSS, and integrate the ruling into future food security strategies. Civil society groups have pledged to work with farmers to ensure the judgement is fully implemented.

The landmark decision is expected to influence seed policy discussions across the region, reshaping how communities preserve, share and commercialize indigenous seed varieties.

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