The Court of Appeal has blocked the Kenyan government from importing genetically modified organisms (GMOs) into the country.
The ruling comes in response to an appeal by the Kenya Peasants League, the Biodiversity and Biosafety Association of Kenya (BIBA) and 18 other parties, which challenged the government's October 2022 decision to lift its ban.
According to David Otieno, a representative of the Kenya Peasants League, this decision marks a significant step in protecting the rights of small-scale farmers and consumers while safeguarding Kenya’s biodiversity and ecological balance.
He said the ruling acknowledges the serious concerns posed by GMOs to local agricultural systems, health, and the environment.
“We celebrate this ruling as a major victory for small-scale farmers across Kenya,” said Otieno.
“GMOs are not the solution to food insecurity in our country. Instead, they deepen dependency on multinational agribusinesses, threaten biodiversity, and compromise farmers ’ability to control their food systems.”
In 2012, the Cabinet imposed a ban on GMOs, which remained in effect until 2022.
The Kenya Kwanza administration lifted the ban through a Cabinet decision on October 3, 2022, with the move officially gazetted on October 26, 2022.
This decision prompted several court cases from agroecology advocates and other concerned citizens, who raised concerns about the potential harm GMOs could pose to human and animal health.
In its ruling on March 7, 2025, the Court of Appeal stated that the public interest is best served by maintaining the ban while the legal and policy questions surrounding GMOs are fully addressed.
There is a need for a comprehensive legal and institutional framework to address the potential adverse health, environmental, and socio-economic impacts of GMOs before any policy shifts are implemented.
Anne Maina, the National Coordinator of the Biodiversity and Biosafety Association of Kenya (BIBA Kenya), has called on the government to prioritize agroecology as the sustainable alternative to industrial agriculture.
She noted a key milestone in November 2024 when the Kenya National Agroecology Strategy for Food Systems Transformation was launched by the Ministry of Agriculture.
“We urge the government to invest in smallholder farmers, indigenous seed systems, and agroecological farming practices rather than pushing harmful technologies that serve corporate interests,” said Million Belay, General Coordinator of the Alliance for Food Sovereignty in Africa.
He added that following this ruling, all government actions related to the introduction and promotion of GMOs in Kenya must cease immediately.
The case will proceed to a full hearing, where the Court of Appeal will determine whether the lifting of the GMO ban was lawful and in the best interests of the country.
“Kenyan farmers, civil society organizations, and allies around the world stand united in defending Kenya’s food sovereignty,” he said.
