A high court in Machakos has declared unconstitutional parts of a 2012 seed law that criminalised the sharing of traditional seeds, removing the threat of prison and heavy fines for thousands of smallholder farmers.
The ruling delivered on 27 November by Justice Rhoda Rutto strikes down sections of the Seed and Plant Varieties Act that prohibited farmers from exchanging, saving or selling indigenous seeds without certification. Previously, anyone caught sharing seeds through community seed banks faced up to two years in jail or a fine of KSh1 million (around USD7,800).
Roots of the controversial law
The act was introduced more than a decade ago to tackle counterfeit seeds that cost farmers billions of shillings each planting season. It gave exclusive trading rights to registered companies and allowed inspectors to raid farms and confiscate stocks. Small-scale farmers, who produce about 70% of food in Kenya, argued the law criminalised centuries-old traditions and favoured large seed companies, many foreign-owned.
Indigenous seeds passed down through generations are often more drought-resistant and suited to local conditions than commercial hybrids. Farmers say community seed banks run by villagers offer faster access and greater variety than the national gene bank near Nairobi.
Joy outside the courtroom
Petitioners sang and danced outside Machakos court after the verdict. Samuel Wathome, one of the 15 farmers who filed the case in 2022, struggled to contain his excitement.
“My grandmother saved seeds and today the court has told me I can do the same for my grandchildren without fear of police or prison,” he said.
Fellow petitioner Samuel Kioko added: “We will now plant seeds we know – seeds that have been in our families for years and can survive dry spells.”
Campaigners celebrate historic ruling
Elizabeth Atieno, food sovereignty campaigner at Greenpeace Africa, called the judgment a turning point.
“This is a victory for our culture, our resilience and our future,” she said. “The court has struck a blow against the corporate capture of our food system. Feeding your community with climate-resilient seeds is no longer a crime in Kenya.”
Gideon Muya, country director of Biodiversity and Biosafety Association of Kenya, described indigenous seeds as “the library of life” and praised the court for recognising that “you cannot patent nature’s heritage”.
Key sections struck down
Justice Rutto found several clauses violated the constitution, including powers allowing inspectors to raid farms and seize seeds without proper safeguards, requirements forcing farmers to register as commercial dealers before selling or processing their harvest, and provisions granting plant breeders sweeping rights while giving none to farmers who maintain local varieties.
Message resonates across Africa
The decision comes as farmers in several African countries challenge similar laws that critics say favour multinational seed firms over smallholders. With worsening droughts and rising food prices on the continent, the ruling is seen as a major boost for seed sovereignty and climate-resilient agriculture.
Ministry of Agriculture officials have yet to comment, but campaigners are calling for new rules that protect farmer-managed seed systems while still addressing the problem of fake seeds.
For now, farmers across Kenya are celebrating. After years of living under threat, they can once again freely share the seeds their ancestors depended on – seeds many believe will help feed the country in an uncertain climate future.
