Kenyan court declares law banning seed sharing unconstitutional

KISUMU, Kenya (AP) — A high court in Kenya on Thursday declared unconstitutional sections of a seed law that prevented farmers from sharing and selling indigenous seeds in what food campaigners have called a landmark win for food security.

Farmers in Kenya could face up to two years’ imprisonment and a fine of 1 million Kenya shillings ($7,700) for sharing seeds through their community seed banks, according to a seed law signed in 2012.

Justice Rhoda Rutto on Thursday said sections of the seed law that gave government officials powers to raid seed banks and seize seeds were also unconstitutional.

The law was introduced as a measure to curb growing sale of counterfeit seeds that were causing loses in the agricultural sector and gave sole seed trading rights to licensed companies.

The case had been filed by 15 smallholder farmers, who are members of community seed banks that have been in operation for years, preserving and sharing seeds among colleagues.

A farmer, Samuel Wathome, who was among the 15, said the old farming practices had been vindicated.

“My grandmother saved seeds, and today the court has said I can do the same for my grandchildren without fear of the police or of prison,” he said.

Elizabeth Atieno, a food campaigner at Greenpeace Africa, called the win a “victory for our culture, our resilience, and our future.”

“By validating indigenous seeds, the court has struck a blow against the corporate capture of our food system. We can finally say that in Kenya, feeding your community with climate-resilient, locally adapted seeds is no longer a crime,” she said.

Food campaigners have in the past encouraged governments to work with farmers to preserve indigenous seeds as a way of ensuring food security by offering farmers more plant varieties.

Indigenous seeds are believed to be drought resistant and adaptable to the climate conditions of their native areas, and hence often outperform hybrid seeds.

Kenya has a national seed bank based near the capital Nairobi where indigenous seeds are stored in cold rooms, but farmers say community seed banks are equally important for variety and proximity to the farmer.

The country has faced challenges in the seed sector where counterfeit seeds were sold to farmers, leading to losses amounting to millions of shillings in a country that relies on rain-fed agriculture.