Nairobi: The National Biosafety Authority (NBA) has announced that it will crack the whip on institutions dealing with research on Genetically Modified Organisms (GMOs) and their derived products that are yet to register after the lapse of a three-month notice.
According to Kenya News Agency, the Authority issued a notice in October last year to institutions dealing with research on GMOs to regularise their approval with the Authority, during which no penalty was to accrue. Josephat Muchiri, Acting Director of Biosafety Research and Compliance at the Authority, cautioned that after the deadline, anyone found dealing with GMOs without a permit from NBA will face legal action as per the Biosafety Act.
Section 18(1) of the Biosafety Act 2009 prohibits any person from conducting any activity involving GMOs without written approval from the Authority. These activities include research, placing on the market, import, transit, or export of GMOs. The notice was directed at any person or institution carrying out these activities, including those involving plants, animals, microorganisms, and research in pharmaceuticals and vaccines.
In November last year, the High Court ruled to reaffirm the Cabinet’s decision of October 3, 2022, that Kenya has a robust legal, regulatory, and institutional framework to regulate GMOs. The Authority is mandated to exercise general supervision and control over the transfer, handling, and use of GMOs to ensure human and animal health safety and provide adequate protection for the environment.
Further, the Authority serves as the National Focal Point for implementing the Cartagena Protocol on Biosafety. The Act also stipulates fines for any person who uses GMOs without approval, contravenes approval conditions, or fails to furnish required information. Offenders could face a fine not exceeding Sh20 million, imprisonment for up to ten years, or both.
Meanwhile, Kenya has approved 58 GMO projects, comprising 40 for contained use in the laboratory or greenhouse, 15 for confined field trials, and three for environmental release or commercial cultivation. The three commercially approved are Bt cotton, commercialized in January 2020; Bacillus thuringiensis (Bt) corn, approved in October 2022 and under evaluation, and virus-resistant cassava undergoing National Performance Trials.