The High Court has dismissed petitions challenging the lifting of the ban on genetically modified (GMO) foods, reinforcing the legality of Kenya’s regulatory framework governing GMOs. Justice Lawrence Mugambi ruled that the petition, which sought to reverse the government’s decision to allow GMO imports, was “res judicata,” meaning the issue had already been decided by the Environment and Land Court in a previous ruling. This decision marks a significant milestone in the ongoing debate over the role of GMOs in Kenya’s food security strategy.
The case that led to the dismissal was filed by the Kenya Peasants League, a lobby group representing smallholder farmers who had opposed the government’s move to lift the ban. The petitioners had argued that GMO foods posed health risks and environmental dangers, particularly to local agricultural practices. However, the court ruled that the issues raised in the petition had already been dealt with in a prior judgment delivered by the Environment and Land Court in October 2023, which had dismissed the case against the importation of GMOs.
In the earlier ruling, the Environment Court had found that the petitioners had failed to provide sufficient evidence that GMOs were harmful to human health. Justice Oscar Angote, who also handled the current case, stated that adequate public participation had been achieved in the decision-making process, referencing the public hearings held at the Kenyatta International Conference Centre (KICC) and the publication of a gazette notice.
Justice Angote noted that the petitioners had made “premature claims” regarding the cultivation, importation, and exportation of GMO maize without providing proper evidence. He also emphasized that Kenya already has a strong regulatory framework for the approval and management of GMOs, both domestically and in line with international biosafety standards.
“The evidence presented in this court shows that Kenya has a robust framework with inbuilt structures to evaluate the viability of GMOs,” Justice Angote stated. He further explained that the international biosafety authority, which monitors food safety, has the capacity to ensure that GMO foods are safe for human consumption.
The court’s ruling underscores the view that Kenya has established institutions tasked with regulating GMOs, including the National Biosafety Authority (NBA), which works closely with other agencies to ensure that any genetically modified foods introduced into the country meet strict safety standards. The government has argued that GMOs are a crucial tool for enhancing food security, particularly given the challenges posed by climate change, population growth, and the changing dynamics of agriculture in the region.
Critics, however, remain concerned about the potential long-term effects of GMOs on both the environment and public health. The Kenya Peasants League had argued that the introduction of GMO crops could undermine Kenya’s food sovereignty, placing local farmers at risk of being sidelined by multinational corporations controlling GMO seed patents. There are also fears that the widespread use of GMOs could negatively impact biodiversity and lead to the contamination of non-GMO crops.
Despite these concerns, the court ruling reinforces the government’s stance that GMO foods are an important part of Kenya’s efforts to ensure food security in the face of mounting challenges. With a robust legal framework in place, the government and relevant authorities have maintained that they are committed to carefully regulating the cultivation, importation, and exportation of GMOs to prevent any potential harm to the population.
In his ruling, Justice Angote dismissed the petition, noting that no evidence had been presented to show that the institutions involved in the regulation of GMOs had violated any laws. He concluded, “This court has not been shown any evidence that the respondents and institutions violated the laws and regulations on GMO foods, specifically the approval to release maize cultivation, importation, and exportation.”
This judgment represents a pivotal moment in Kenya’s GMO debate, reinforcing the government’s position and highlighting the legal and regulatory safeguards designed to ensure that GMOs are safe for the population. As Kenya continues to grapple with issues of food security, the case is likely to have long-term implications for how the country navigates the complex intersection of biotechnology, agriculture, and public health.
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