A KENYAN Court Has Struck Down A Law That Banned Smallholder Farmers From Selling Or Exchanging Unregistered Seeds, Saying Doing So Is A “Protected Right, Not A Crime.” The Ruling Has Been Hailed As A Major Victory For Farmers Who Rely On Indigenous Seeds.
The Case Was Brought By A Group Of 15 Smallholder Farmers, Supported By Rights Groups, Who Argued That The Law Favored Large Producers And Mismanaged The Country’s Food System. They Warned That The Regulations Threatened The Heritage Of Indigenous Seeds That Have Been The Foundation Of Traditional Farming For Generations.
For Years, The Law Had Threatened Farmers With Up To Two Years In Prison Or A Fine Of Up To One Million Shillings For Engaging In The Trade Or Distribution Of Unregistered Seeds. The Government Defended The Regulations, Saying They Were Aimed At Controlling Quality And Boosting Production.
However, The Court Ruled That The Laws Violated Farmers’ Rights And Were Inconsistent With Kenya’s Constitutional Values. This Decision Is Expected To Bring About A Major Change In Farmers' Freedom To Develop And Protect Their Indigenous Seeds.
