NAIROBI, Kenya – Kenya’s High Court has delivered a landmark ruling affirming that farmers have a constitutional right to save, share and exchange indigenous seeds — a judgment hailed as a major victory for food sovereignty and a blow to corporate influence over the country’s food systems.
In a decision delivered by Justice Rhoda Rutto, the Court declared key sections of the Seed and Plant Varieties Act unconstitutional, effectively ending the threat of jail terms and hefty fines for smallholder farmers who exchanged unregistered seeds.
Until now, farmers risked up to two years in prison or a Sh1 million fine for selling or sharing such seeds.
The ruling dismantles what critics described as a monopoly that gave multinational seed companies sweeping control over Kenya’s seed system, including powers to seize unregistered seeds, restrict farmer seed processing, and impose commercial plant breeder rights at the expense of indigenous practices.
Farmers Celebrate Restoration of “Ancient Right”
The case was filed by 15 petitioners, including small-scale farmer Samuel Wathome, who welcomed the ruling as a generational victory.
“My grandmother saved seeds, and today the court has said I can do the same for my grandchildren without fear,” Wathome said. “Today, the farmer is king again.”
Civil Society: A Turning Point for Food Sovereignty
Environmental and food justice organisations lauded the judgment, calling it a historic affirmation of community rights.
Elizabeth Atieno, a food campaigner at Greenpeace Africa, said the ruling restores dignity and autonomy to farmers who rely on climate-resilient, locally adapted seeds.
“The court has affirmed what we have known all along: seed is sovereign,” she said. “Feeding your community with indigenous seeds is no longer a crime.”
Gideon Muya, Programs Officer at the Biodiversity and Biosafety Association of Kenya, described the ruling as a vital safeguard for the country’s biodiversity.
“Indigenous seeds are the library of life,” he said. “The court has recognised that you cannot patent nature’s heritage.”
Agroecologist Claire Nasike added that seed rights must now be fully embedded in national policy.
“Whoever controls seed controls the lifeline of a generation,” she said. “It is a delight that this right is now firmly in the hands of Kenyan farmers.”
Legal Precedent for Africa
The Law Society of Kenya, which supported the petition, said the judgment has regional implications.
Wambugu Wanjohi, LSK legal counsel, said:
“The court has correctly interpreted the Constitution to find that farmers’ rights supersede restrictive, commercially driven laws.”
Greenpeace Africa and partner organisations are now urging the Ministry of Agriculture to revise national policies and formally recognise Farmer-Managed Seed Systems (FMSS) as part of Kenya’s seed framework.
The ruling is expected to influence similar legal battles across Africa, where debates continue over the role of multinational seed companies, indigenous seed rights and biodiversity conservation.
