Kenyan court declares law banning seed sharing unconstitutional

Kenyan Court Overturns Ban on Indigenous Seed Sharing, Bolstering Food Sovereignty

A Kenyan high court delivered a landmark ruling Thursday that overturned key sections of the country’s restrictive seed law, allowing farmers to freely share and sell indigenous seeds without fear of criminal prosecution.

Justice Rhoda Rutto declared unconstitutional several provisions of the 2012 seed legislation that had imposed severe penalties on farmers—including up to two years’ imprisonment and fines of 1 million Kenya shillings ($7,700)—for sharing seeds through community seed banks. The court also struck down provisions that authorized government officials to raid seed banks and confiscate seeds.

“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,” said Samuel Wathome, one of 15 smallholder farmers who brought the case to court.

The 2012 seed law had been implemented to combat the growing problem of counterfeit seeds in Kenya’s agricultural sector, which had caused substantial financial losses for farmers. The legislation granted exclusive seed trading rights to licensed companies, effectively criminalizing the centuries-old practice of seed saving and sharing among smallholder farmers.

For many rural communities across Kenya, community seed banks have served as vital repositories of agricultural biodiversity, preserving locally adapted crop varieties that often demonstrate superior resilience to regional climate conditions. These indigenous seed varieties typically show greater drought resistance and adaptability compared to commercial hybrid seeds.

Elizabeth Atieno, a food campaigner at Greenpeace Africa, hailed the court’s decision as “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.

The ruling comes amid growing recognition of the importance of agricultural biodiversity in addressing food security challenges, particularly as climate change intensifies across East Africa. Food security advocates have increasingly urged governments to work collaboratively with farmers to preserve indigenous seed varieties that offer resilience against unpredictable weather patterns.

Agricultural experts note that while Kenya maintains a national seed bank near Nairobi where indigenous seeds are stored in controlled environments, community-based seed banks play an equally crucial role by providing farmers with convenient access to diverse plant varieties specifically adapted to local growing conditions.

The decision represents a significant shift in Kenya’s approach to seed governance, which had previously prioritized commercial seed systems over traditional farming practices. Analysts suggest the ruling could influence similar legal frameworks across Africa, where debates over farmer seed rights and corporate seed control have intensified in recent years.

Kenya’s agricultural sector, which contributes approximately 33 percent to the country’s GDP and employs over 40 percent of the total population, has struggled with challenges in seed quality. Counterfeit seeds have historically caused devastating crop failures and financial losses for farmers who rely primarily on rain-fed agriculture.

The petitioners in the case argued that community seed systems actually complement rather than undermine efforts to ensure seed quality, as they preserve genetic diversity that might otherwise be lost in purely commercial systems.

The ruling effectively rebalances Kenya’s seed governance framework, acknowledging both the need for quality control in commercial seed markets and the valuable role of traditional seed systems in sustaining agricultural biodiversity and local food security.

Agricultural policy experts suggest the government will now need to develop more inclusive approaches to seed regulation that recognize the complementary roles of both formal and informal seed systems in ensuring Kenya’s long-term agricultural sustainability and food sovereignty.