A new twist has emerged in the ongoing debate over the approval and development of Genetically Modified Organisms (GMOs) in Kenya. The Court of Appeal has certified as urgent an appeal challenging a High Court ruling that lifted a ban on GMO crop development. This development has sparked further legal action as stakeholders in the agriculture and environmental sectors continue to grapple with the implications of GMOs in the country.
The appeal, filed through lawyer Paul Mwangi, claims that unless a conservatory order is issued to stay the High Court ruling, the intended appeal and associated application will be rendered “nugatory,” meaning it would be of no practical effect. Mwangi argues that the implementation of the High Court’s decision to lift the GMO ban is irreversible and cannot be compensated if the appeal is successful. The lawyer’s request for the conservatory order is based on the assertion that once GMO crop trials are rolled out across the country, reversing the decision would be difficult, if not impossible, should the Court of Appeal rule against it.
The High Court ruling in question came last month when Justice Lawrence Mugambi dismissed petitions that sought to challenge the lifting of the GMO ban. The petitioners had argued that the introduction of GMOs posed significant risks to both human health and the environment. However, Justice Mugambi ruled that the matter had already been addressed by the Environment and Lands Court the previous year. As a result, he declared the current petition as “res judicata,” meaning that the issue had already been resolved and could not be re-litigated. The High Court struck out the petition with no orders as to costs.
The push to lift the ban on GMOs gained momentum following the 2022 directive by the government to allow the importation of GMO maize into the country. This followed a prolonged drought and food insecurity crisis, with some stakeholders believing that GMOs could provide a solution to the country’s food production challenges. However, others have raised concerns about the potential environmental and health impacts of genetically engineered crops.
The appeal follows a similar case filed in October 2023 by the Kenya Peasants League, a lobby group representing peasant farmers, which sought to oppose GMO imports. The Environment and Lands Court, however, dismissed the case, stating that the petitioners failed to provide sufficient evidence to prove that GMOs were harmful to human health. The court ruled that the public participation process surrounding the approval of GMOs had been adequate, citing sessions held at the Kenyatta International Convention Centre (KICC) and a gazette notice issued to inform the public about the issue.
Justice Oscar Angote, in his ruling, emphasized that the Kenya government had a strong legal and regulatory framework in place to govern the importation, cultivation, and exportation of GMOs. He stated that the petitioner had not challenged any of the laws related to GMOs, either domestically or internationally, and that the evidence presented in court demonstrated that the introduction of GMOs was being managed within a robust biosafety framework.
This ongoing legal battle underscores the deep divisions within Kenyan society regarding GMOs. On one side, proponents argue that GMOs offer the potential to solve Kenya’s food security problems by increasing crop yields and providing drought-resistant varieties. On the other hand, critics remain concerned about the unknown long-term effects of genetically modified crops on both human health and the environment. The role of government institutions, such as the National Biosafety Authority, in overseeing GMO trials and ensuring their safety will be crucial in determining the future of GMOs in Kenya.
As the appeal proceeds, the outcome could have far-reaching implications for Kenya’s agricultural policies and the livelihoods of its farmers. With both sides firmly entrenched in their positions, the legal proceedings are set to continue, potentially shaping the future of Kenya’s agricultural landscape for years to come.
