A high court in Kenya has declared unconstitutional key sections of a seed law that had prohibited farmers from sharing and selling indigenous seeds, marking what food campaigners describe as a landmark victory for food security.

The 2012 law had imposed penalties of up to two years’ imprisonment and fines of 1 million Kenya shillings ($7,700) for farmers participating in community seed banks.

 Justice Rhoda Rutto ruled that provisions allowing government officials to raid seed banks and seize seeds were unconstitutional.

Introduced to curb the sale of counterfeit seeds and grant trading rights to licensed companies, the law had effectively restricted traditional farming practices.

Fifteen smallholder farmers, who operate community seed banks, brought the case to court. Samuel Wathome, one of the farmers, said the decision vindicated traditional practices:

“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.”

Elizabeth Atieno, a food campaigner with Greenpeace Africa, described the ruling as a victory for culture, resilience, and future food security:

“By validating indigenous seeds, the court has struck a blow against the corporate capture of our food system. Feeding your community with climate-resilient, locally adapted seeds is no longer a crime.”

Indigenous seeds are valued for their drought resistance and local climate adaptability, often outperforming hybrid varieties. 

Community seed banks, alongside the national seed bank near Nairobi, are essential in preserving seed diversity and improving access for farmers.

Source: ABC News