Kenya’s Court of Appeal delivered a decisive blow to government efforts to reintroduce genetically modified organisms (GMOs) on March 7, 2025, upholding a ban on imports in a ruling celebrated by small-scale farmers and environmental advocates as a safeguard for food sovereignty and biodiversity.
The judgment halts the state’s contentious 2022 policy shift to permit GMOs, citing unresolved legal gaps and risks to public health, ecosystems, and farmers’ autonomy.
The case, spearheaded by the Kenya Peasants League and the Biodiversity and Biosafety Association of Kenya (BIBA) alongside 18 civil society groups, underscores mounting resistance to industrial agriculture models in Africa. Critics argue GMOs entrench reliance on multinational seed and chemical firms while undermining indigenous crop diversity. “This ruling isn’t just a legal win—it’s a rejection of corporate-driven farming,” said David Otieno of the Kenya Peasants League. “Our food security hinges on empowering farmers, not patent-holding conglomerates.”
The court emphasized the absence of a robust regulatory framework to address GMOs’ potential harms, ordering authorities to cease all promotion or importation until comprehensive policies are established. The decision amplifies a regional debate over agricultural futures, as African nations grapple with balancing food production needs against ecological and economic sovereignty. Kenya’s initial 2022 move to lift its decade-long GMO ban had drawn fierce backlash, with opponents warning of cross-pollination risks to heirloom crops and market monopolization by firms like Bayer and Corteva.
Advocates now urge a pivot to agroecology, a practice prioritizing sustainable, smallholder-led systems. Anne Maina of BIBA pointed to Kenya’s 2024 National Agroecology Strategy as a blueprint, stressing, “Investing in indigenous knowledge and seed diversity is how we build resilience—not by importing patented seeds.” The sentiment echoes across the continent, where groups like the Alliance for Food Sovereignty in Africa warn that GMOs could displace traditional farming. “Africa’s food systems must serve its people, not shareholders,” said Million Belay, the alliance’s coordinator.
The ruling deals a setback to Kenya’s government, which had framed GMOs as a solution to climate-driven crop failures and rising import costs. Yet analysts note the decision aligns with broader skepticism: over 60% of African nations restrict or ban GMOs, per the African Center for Biodiversity. Meanwhile, agroecology gains traction, with studies showing it can boost yields by up to 79% in drought-prone regions, according to the UN Food and Agriculture Organization.
The case now proceeds to a full hearing, with the court to assess the legality of the 2022 policy reversal. For now, the freeze on GMOs stands—a reprieve for farmers like Miriam Chepkoech, who grows drought-resistant millet in Kenya’s Rift Valley. “Our seeds are our heritage,” she said. “Once they’re lost, no court can bring them back.”
