The Court of Appeal has temporarily stopped the importation and open cultivation of genetically modified organisms (GMOs) in Kenya, granting a conservatory order pending the resolution of an appeal filed by the Kenya Peasants League.
A three-judge bench comprising Justices Patrick Kiage, Weldon Korir, and Joel Ngugi issued the ruling, barring several government agencies from implementing the Cabinet’s decision of October 3, 2022, which lifted the ban on GMOs.
The appeal comes after a previous High Court decision had overturned an earlier order that blocked the importation and cultivation of GMO products.
“In light of the stakes involved, the precautionary principle justifies granting conservatory orders while the appeal is being considered,” the judges stated in their ruling.
The Kenya Peasants League, supported by other petitioners, argues that allowing GMOs into the country could pose risks to human health, biodiversity, and smallholder farmers. They claim that the government lifted the ban without sufficient public participation or a clear regulatory framework to mitigate potential adverse effects.
On the other hand, Attorney General Dorcas Oduor insists that Kenya has a strong biosafety framework in line with international protocols to regulate GMOs safely. Government representatives argue that blocking GMOs could slow down progress in agricultural biotechnology, which they say is key to addressing food security challenges.
Despite these arguments, the Court noted that once GMOs are introduced, they are difficult to control due to crossbreeding and their persistence in ecosystems. The judges also highlighted concerns over potential legal and trade implications, as well as the long-term impact on traditional farming practices.
In granting the suspension, the Court directed both parties to expedite the appeal process, setting strict deadlines for the submission of records and arguments. The case is scheduled for a hearing in the second term of 2025.
