The High Court has declared key sections of the Seed and Plant Varieties Act unconstitutional, delivering a major victory for smallholder farmers.
The ruling effectively ends the criminalisation of saving, sharing, and exchanging indigenous seeds.
Justice Rhoda Rutto, in her landmark ruling, found that the law violated constitutional rights to culture, livelihood, and economic freedom by imposing harsh penalties, including fines of up to Sh1 million and prison terms for selling or exchanging unregistered seeds.
The judgement nullified provisions that granted seed inspectors sweeping powers to raid community seed banks, criminalised farmers who were not registered as seed merchants, and gave plant breeders extensive proprietary rights while denying farmers the right to reuse seeds from their own harvests.
The court held that Farmer-Managed Seed Systems (FMSS), which have sustained Kenyan communities for generations, are protected practices essential to food security and climate resilience.
The case was filed by 15 smallholder farmers supported by civil society groups advocating for agroecology and farmers’ rights.
Following the ruling, Samuel Kioko Wathome, a smallholder farmer from Machakos and one of the petitioners, said the judgement restores a right that had been unfairly restricted.
“For years, farmers lived as if saving or sharing seeds was a crime; most of us cannot afford certified seeds or fertilisers sold by corporations. We have always bred and stored our own seeds, yet the law treated us like criminals for supporting each other. Today, that fear has been lifted,” he said.
Wathome added that restrictions in the Act had undermined food security, forcing farmers to rely on costly commercial seed varieties despite indigenous seeds being well adapted to local soils and climate conditions.
Veronicah Kalondu a Smallholder farmer and a petitioner, welcomed the ruling as a defense of traditional knowledge and community survival.
“Indigenous seeds are our heritage; they survive droughts, floods and poor soils. Farmers must be free to plant, share and sell these seeds without the threat of fines or jail. This ruling protects the future of our communities,” she said.
Civil society organisations that supported the petition described the decision as a critical breakthrough in safeguarding biodiversity and reducing the influence of multinational seed companies over local food systems.
Elizabeth Atieno, Food Campaigner at Greenpeace Africa, said the judgement frees farmers from unjust restrictions that hindered traditional seed practices.
“The court has affirmed that no corporation can own our cultural heritage; this ruling dismantles an unfair monopoly that placed profit above people. Farmers can now feed their communities using climate-resilient indigenous varieties without fear,” she said.
Environmental experts also highlighted the significance of the ruling for biodiversity conservation and climate adaptation.
Gideon Muya, Programmes Officer at the Biodiversity and Biosafety Association of Kenya, said the decision strengthens protection of genetic diversity crucial for climate resilience.
“Indigenous seeds are the library of life; by declaring that nature’s heritage cannot be patented, the court has safeguarded the backbone of our biodiversity. Farmers now have the freedom to choose what they plant and what they eat,” he said.
The ruling is expected to influence agricultural policy across the region, with petitioners urging the Ministry of Agriculture to revise national seed policies, support community seed banks and recognise farmer-led seed systems as part of Kenya’s food production landscape.
Greenpeace Africa and its partner organisations said they will continue working with farmers to ensure the judgement is fully implemented and integrated into national food security strategies.
By Naif Rashid
