MACHAKOS, Kenya—The long-awaited constitutional petition challenging Kenya’s Seed and Plant Varieties Act (Cap. 326) was heard at the High Court in Machakos, marking a historic milestone in the fight for farmers’ rights, food sovereignty, and the preservation of Indigenous knowledge.
The case, spearheaded by 15 smallholder farmers with support from Greenpeace Africa and the Biodiversity and Biosafety Association of Kenya (BIBA), contests punitive laws that criminalise the sharing and sale of uncertified seeds, including indigenous varieties, threatening the fabric of Kenya’s farming communities.
According to Emily Kinama, an advocate of the High Court representing BIBA Kenya, the Act introduced provisions that essentially criminalise farmers for exchanging, selling, and using their seeds.
“These laws impose unaffordable fines and jail time on the very people, mostly peasant farmers, who have nurtured Kenya’s agriculture for generations. This creates fear, undermines the right to food, and discriminates against those with less economic power,” said Kinama.
Alvin Munandick, appearing for Greenpeace Africa, observed that exchanging seeds is an ancient cultural practice.
“Any law that curtails such a foundational part of our culture is unconstitutional. Our Constitution expressly protects the right to culture, and that is a key pillar of our petition,” said Alvin.
How the rights of Kenyan farmers are violated
Wambugu Wanjohi, who spoke on behalf of the Law Society of Kenya, noted that the provisions allow seed inspectors to invade farmers’ homes and seize seeds, resulting in the arbitrary detention of property.
“Such measures violate the principles of our constitution,” Wambugu argued.
After the hearing, farmers led a powerful and peaceful procession through Machakos town with banners reading “Indigenous farmers are not criminals,” “Hands off our seeds,” and “Our grandmothers fed nations; now you call them criminals?”
Farmer and petitioner Justus Mwololo stated that they have given conclusive evidence that their seed rights are being violated.
“We expect the court to uphold our rights so seeds remain with us, not under the control of merchants or outsiders,” Mwololo said.
Fellow petitioner Penninah Ngahu shared her optimism:
“This case shows that small-scale farmers are fighting for their freedoms. If the government believes there’s a seed shortage, why not empower smallholders to multiply indigenous seeds for the community?”
Why Kenyans should remain vigilant
At the same time, Ann Maina of the Biodiversity and Biosafety Association of Kenya (BIBA) said:
“As we await judgement, we urge Kenyans to remain vigilant and continue advocating for farmer-managed seed systems to protect the legacy and rights of our grandmothers and indigenous farmers who have fed us for generations.”
WAKULIMA SI WAHALIFU Today in Machakos, real heroes took a stand against government overreach. Farmers & activists packed the High Court, made their case, and then marched through town to protest laws that criminalise sharing indigenous seeds—brought to you by leaders who’d
Daniel Wanjama of the Seed Savers Network said that over 80% of seeds used by farmers in Kenya come from farmer-managed systems.
“This means that criminalising these seeds is criminalising food security and risking hunger. Inspectors invading farms and homes is unacceptable—this case is vital to save local varieties from extinction,” Daniel explained.
What is vital to resilient food systems
Elizabeth Atieno, food campaigner at Greenpeace Africa, reinforced the broader implications:
“This is about protecting our biodiversity and farmers’ rights at a time of climate crisis. Agroecology and indigenous seeds are vital to resilient food systems. Limiting farmers’ access to these seeds puts food security and economic stability at risk.”
Nasike Akello, food scientist and food sovereignty advocate, reiterated:
“Farmers are fighting for the right to seed—a fundamental human right. Seed is life, and seed is sovereignty. We hope the court recognises this on November 27th.”
The petition argues that criminalising seed sharing violates constitutional rights to culture, food, and property and unfairly targets communities that have long sustained the country’s food supply.
The court’s judgement, set for November 27, 2025, will determine the future of Kenya’s food system, biodiversity, and the survival of indigenous agricultural practices.
