Kenya’s High Court has declared punitive sections of the Seed and Plant Varieties Act unconstitutional, thereby protecting smallholder farmers’ right to save, share, and exchange indigenous seeds. 

The decision, handed down on November 27, 2025, marks a decisive victory for rural farmers and biodiversity advocates.

For years, smallholder farmers across Kenya have faced legal penalties, including fines and imprisonment, for participating in traditional seed management systems. 

These systems, essential for food security and local adaptation, were criminalised under the 2012 Seed Act, which sought to regulate the seed industry and favour commercial seed producers.

The case, filed in 2022 by 15 Kenyan farmers, challenged the law’s restrictions on uncertified and unregistered seeds. 

Justice Rhoda Rutto ruled that key provisions granting seed inspectors sweeping powers, limiting farmers’ proprietary rights, and restricting the use of seeds from their own harvest were unconstitutional.

“This ruling removes shackles from Kenya’s farmers. We can now freely save seeds for future generations without fear of prosecution,” said Samuel Wathome, a petitioner in the case.

Experts highlight the broader significance: indigenous seeds preserve genetic diversity, enhance climate resilience, and ensure sustainable livelihoods. 

Agroecologist Claire Nasike noted, “By enabling farmers to save, exchange, and diversify seed stock, communities gain a buffer against climate shocks and pests, while safeguarding long-term food security.”

Environmental and food campaigners argue that the decision is a blow to corporate control over the country’s food system, reaffirming that farming, culture, and biodiversity can coexist and thrive in harmony.

Source: IPS News
Image Credit: Global Issues