Kenya's Environment Court Dismisses Case Challenging Importation and Cultivation of GM Crops

On October 12, 2023, the Environment Court in Kenya dismissed the case challenging the importation and cultivation of genetically modified (GM) crops, saying the government had taken appropriate measures to regulate their use in the country. The ruling hands Kenyan farmers a landmark victory as they are now a step closer to cultivating approved climate-resilient Bt maize seeds and disease-resistant cassava in a bid to arrest the country's food insecurity and improve their livelihoods through agriculture.

“This court has not been shown any evidence to show that the respondents and the institutions named have breached the laws, regulations, and guidelines about GM foods, and in particular the approval of their release in the environment, cultivation, importation, and exportation of Bt maize,” said Justice Oscar Angote, who delivered the judgment virtually.

Further, the court stated that the National Biosafety Authority (NBA) follows the relevant guidelines adopted from the International Food Code Codex Alimentarius to protect consumer health and promote fair practices in food trade. It acknowledges that Kenya has domesticated Codex Alimentarius in NBA's guidelines for safety assessment of foods derived from genetically modified organisms.

Justice Angote called on the country to trust national institutions saying they have the responsibility to follow the law. He underscored the importance of close collaboration among all the biosafety regulatory agencies as stipulated in the Biosafety Act. “With all these institutions, we should be confident that our health and environment is in good hands. It cannot be true that they have all conspired to expose the rest of the population to the calamities alluded to in the Petition.” The Court observed.

On January 16, 2023, the Law Society of Kenya (LSK) filed the case, challenging the government's October 2022 order lifting the 10-year ban on the cultivation and importation of GM crops. The case raised several issues, including the safety of GM crops and whether there was public participation before the ban was lifted.

According to NBA, Kenya has approved 58 GM projects – 40 for contained use in the laboratory or greenhouse, 15 for confined field trials, and three for environmental release or commercial cultivation. The crops approved for commercial cultivation in Kenya include Bt cotton, which was commercialized in January 2020, and Bt maize which was approved by NBA in October 2022 and is now awaiting submission to the National Variety Release Committee (NVRC).

For more details, find the full ruling here.