Nairobi: Controversy surrounding the promotion of Genetically Modified Organism (GMO) last Friday took a full circle after the Court of Appeal overturned earlier rulings lifting the ban imposed on the technology. In the latest twist, the Kenyan Peasants League secured a conservatory order stopping the government from taking any further action to allow or permit the importation of GMO crops and food into the country pending determination of their appeal.
According to Kenya News Agency, the court was persuaded that the precautionary principle necessitated granting conservatory orders during the pendency of the appeal. The petitioners argued that the earlier decision to lift the GMO ban was done without due consideration of scientific evidence highlighting potential health and environmental risks. Despite assurances from the respondents about Kenya's comprehensive legal and institutional framework to regulate GMOs, the bench ruled otherwise in a court battle dating back to 2022, when the cabinet first lifted the ten-year ban.
The landmark ruling has elicited mixed reactions, with civil societies and farmers' rights groups commending the decision, while the government and biotech experts view it as a major setback. In a joint statement, The Kenya Peasants League, Biodiversity and Bio-safety Association of Kenya (BIBA), and 18 other parties enjoined in the petition described the ruling as a historic victory for food sovereignty, farmers' rights, and environmental justice.
Kenya Peasants' League representative David Otieno claimed that GMO was not the solution to food insecurity in the country, but instead deepened dependency on multinational agribusinesses, threatened biodiversity, and compromised farmers' ability to control their food systems. He emphasized the need for a comprehensive legal and institutional framework to address potential adverse health, environmental, and socio-economic impacts of GMOs before any policy shifts were implemented.
The petitioners urged the government to prioritize agro-ecological solutions as a sustainable alternative to industrial agriculture. BIBA National Coordinator Anne Maina highlighted the upcoming launch of the Kenya National Agroecology Strategy for Food Systems Transformation in November 2024 as a key milestone in addressing the food deficit. Million Belay, General Coordinator of the Alliance for Food Sovereignty in Africa, called for investment in smallholder farmers, indigenous seed systems, and agro-ecological farming practices over corporate-driven technologies.
This development marks a new chapter in the ongoing legal battles over GMOs, an issue that has sparked a series of litigations culminating in the High Court's dismissal of earlier petitions challenging the lifting of the sanction. The Environment and Land Court in 2023 had previously okayed the use of the technology, asserting that the government had implemented robust safety measures.