NAIROBI, Kenya – The Court of Appeal has certified as urgent a case challenging a recent High Court ruling that lifted Kenya’s longstanding ban on the development of Genetically Modified Organisms (GMOs) and crops.
The appeal, filed through lawyer Paul Mwangi, argues that the National Biosafety Authority (NBA) has already initiated GMO crop trials nationwide in preparation for large-scale production.
This, the appellants claim, could have irreversible consequences if not immediately halted.
“Unless a conservatory order staying the lifting of the ban is issued, the intended appeal will be rendered nugatory,” states the appeal document.
Mwangi further contends that the lifting of the GMO ban, if not stayed, could lead to outcomes that cannot be reversed or adequately compensated should the appeal succeed.
Last month, the High Court struck out petitions that sought to overturn the decision to allow GMO development and imports.
Justice Lawrence Mugambi ruled the case as res judicata, arguing that the matter had already been settled by the Environment and Lands Court in 2022.
Justice Oscar Angote, in the earlier ruling, dismissed claims of harm from GMO imports, citing insufficient evidence.
He noted that the Kenya Peasants League, which filed the suit on behalf of peasant farmers, failed to prove that GMOs posed health risks to consumers.
Angote also ruled that public participation requirements had been fulfilled through consultations and a gazette notice.
Furthermore, he emphasized that Kenya has a robust regulatory framework governing GMO viability, both domestically and internationally.
The appeal underscores growing tensions surrounding GMOs in Kenya.
Supporters argue that GMOs can help alleviate food insecurity, while opponents, including farmer lobby groups, worry about potential environmental and health impacts.
The Court of Appeal is expected to weigh in on whether the NBA’s ongoing preparations for GMO production should be paused until the legal challenge is resolved.
The appeal, filed through lawyer Paul Mwangi, argues that the National Biosafety Authority (NBA) has already initiated GMO crop trials nationwide in preparation for large-scale production.
This, the appellants claim, could have irreversible consequences if not immediately halted.
“Unless a conservatory order staying the lifting of the ban is issued, the intended appeal will be rendered nugatory,” states the appeal document.
Mwangi further contends that the lifting of the GMO ban, if not stayed, could lead to outcomes that cannot be reversed or adequately compensated should the appeal succeed.
Last month, the High Court struck out petitions that sought to overturn the decision to allow GMO development and imports.
Justice Lawrence Mugambi ruled the case as res judicata, arguing that the matter had already been settled by the Environment and Lands Court in 2022.
Justice Oscar Angote, in the earlier ruling, dismissed claims of harm from GMO imports, citing insufficient evidence.
He noted that the Kenya Peasants League, which filed the suit on behalf of peasant farmers, failed to prove that GMOs posed health risks to consumers.
Angote also ruled that public participation requirements had been fulfilled through consultations and a gazette notice.
Furthermore, he emphasized that Kenya has a robust regulatory framework governing GMO viability, both domestically and internationally.
The appeal underscores growing tensions surrounding GMOs in Kenya.
Supporters argue that GMOs can help alleviate food insecurity, while opponents, including farmer lobby groups, worry about potential environmental and health impacts.
The Court of Appeal is expected to weigh in on whether the NBA’s ongoing preparations for GMO production should be paused until the legal challenge is resolved.
