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Proposed Seeds Law Could Flood Market with Fake Seeds, KEPHIS Warns

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NAIROBI, Kenya — The Kenya Plant Health Inspectorate Service (KEPHIS) has opposed a proposed law seeking to transfer seed certification duties to the Kenya Bureau of Standards (KEBS), warning the move could compromise the integrity of Kenya’s food system and expose farmers to low-quality seeds.

In a statement following a board meeting, KEPHIS called on the Senate to reject the Seeds and Plant Varieties (Amendment) Bill, 2025, arguing that it threatens to dismantle the country’s carefully developed seed regulation framework.

“One item, seed, cannot be regulated under two ministries,” said KEPHIS Board Chair Joseph M’eruaki. “This Bill introduces confusion, weakens oversight, and opens the door to exploitation by unscrupulous players.”

The proposed amendment, which is currently before the Senate, seeks to speed up the approval process for new seed varieties—including drought-resistant and climate-smart options—by shifting certification responsibilities from KEPHIS (under the Ministry of Agriculture) to KEBS (under the Ministry of Trade).

While proponents say the move will reduce bureaucratic delays and help farmers access improved seed varieties faster, KEPHIS warns that splitting regulatory powers between two ministries will dilute accountability and create loopholes for counterfeit and substandard seeds to enter the market.

“This Bill threatens to derail Kenya’s ability to guarantee farmers access to quality-assured seeds,” said Prof. Theophilus Mutui, Managing Director of KEPHIS. “Seed certification is more than a stamp—it’s about ensuring food security and protecting farmers from fraud.”

KEPHIS officials emphasized that their mandate extends beyond certification, encompassing biosecurity measures at ports and cargo inspections to prevent the entry of pests and diseases.

Transferring responsibilities to KEBS, they argue, would compromise these critical safeguards.

The agency also raised concerns that the Bill could serve powerful commercial interests seeking to dominate the seed market through a fragmented and weakened oversight system.

“Poor-quality seeds mean poor harvests, and poor harvests mean food insecurity,” said M’eruaki. “The stakes are simply too high.”

Despite support from some lawmakers and seed companies who argue the reforms will spur innovation and reduce regulatory bottlenecks, KEPHIS insists that any efforts to streamline the system must not come at the cost of transparency, coordination, or farmer protection.

What’s at Stake

If passed, the Bill would:

  • Transfer seed certification to KEBS, creating two regulators under separate ministries
  • Overhaul the seed approval process, potentially accelerating access to improved seeds
  • Introduce overlaps and weaken the current quality control framework, according to KEPHIS
  • Risk flooding the market with counterfeit or substandard seeds

KEPHIS’s Position

  • Maintain a single, accountable regulator under the Ministry of Agriculture
  • Safeguard quality control and pest prevention systems already in place
  • Ensure any reforms are farmer-centered and not driven by commercial interests

With the Bill now headed for debate in the Senate, KEPHIS is urging lawmakers to prioritize food security, public interest, and farmer protection over rushed deregulation.

Anthony Kinyua
Anthony Kinyua
Anthony Kinyua brings a unique blend of analytical and creative skills to his role as a storyteller. He is known for his attention to detail, mastery of storytelling techniques, and dedication to high-quality content.

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