NAIROBI, Kenya – The High Court has dismissed a petition challenging Kenya’s move to lift the ban on genetically modified organisms (GMOs), ruling that the matter had already been conclusively addressed by the Environment and Land Court last year.
Justice Lawrence Mugambi ruled that the petition, brought forward by the Kenya Peasants League, a lobby group representing small-scale farmers, was “res judicata”—meaning it had been previously adjudicated and therefore could not be re-litigated.
“The court finds that the current petition is res judicata and hereby strikes it out with no orders as to costs,” said Justice Mugambi.
In October of the previous year, Justice Oscar Angote of the Environment and Land Court had also dismissed an earlier case filed by the Kenya Peasants League.
The group argued that the importation and use of GMOs posed health risks, but Justice Angote ruled that no evidence supported these claims.
Additionally, he affirmed that the Kenyan government had adhered to proper public engagement procedures, including a public session at the Kenyatta International Convention Centre (KICC) and official announcements in a gazette notice.
Justice Angote’s ruling highlighted that Kenya has a “robust framework” for regulating GMOs, asserting that regulatory bodies were fully equipped to manage the safety and quality of GMO products before they reach consumers.
“Evidence before me has shown that the country has put in place a robust framework with inbuilt structures which must be met before they consider the use of GMOs,” Justice Angote had remarked in his decision.
The Environment and Land Court further determined that Kenya’s biosafety standards align with international guidelines, with multiple institutions monitoring GMO-related activities—from cultivation to importation and exportation—to ensure public health is safeguarded.
In dismissing the petition, Justice Angote noted that no proof was presented to suggest any breach of Kenya’s GMO regulations.
This recent ruling by Justice Mugambi effectively reinforces the position of the Environment and Land Court, underscoring the judiciary’s confidence in the country’s regulatory measures surrounding GMO foods and crops.
As a result, Kenya will continue to allow the controlled use, importation, and potential cultivation of genetically modified food products, a policy supported by the existing legal and scientific frameworks established for public safety.
Justice Lawrence Mugambi ruled that the petition, brought forward by the Kenya Peasants League, a lobby group representing small-scale farmers, was “res judicata”—meaning it had been previously adjudicated and therefore could not be re-litigated.
“The court finds that the current petition is res judicata and hereby strikes it out with no orders as to costs,” said Justice Mugambi.
In October of the previous year, Justice Oscar Angote of the Environment and Land Court had also dismissed an earlier case filed by the Kenya Peasants League.
The group argued that the importation and use of GMOs posed health risks, but Justice Angote ruled that no evidence supported these claims.
Additionally, he affirmed that the Kenyan government had adhered to proper public engagement procedures, including a public session at the Kenyatta International Convention Centre (KICC) and official announcements in a gazette notice.
Justice Angote’s ruling highlighted that Kenya has a “robust framework” for regulating GMOs, asserting that regulatory bodies were fully equipped to manage the safety and quality of GMO products before they reach consumers.
“Evidence before me has shown that the country has put in place a robust framework with inbuilt structures which must be met before they consider the use of GMOs,” Justice Angote had remarked in his decision.
The Environment and Land Court further determined that Kenya’s biosafety standards align with international guidelines, with multiple institutions monitoring GMO-related activities—from cultivation to importation and exportation—to ensure public health is safeguarded.
In dismissing the petition, Justice Angote noted that no proof was presented to suggest any breach of Kenya’s GMO regulations.
This recent ruling by Justice Mugambi effectively reinforces the position of the Environment and Land Court, underscoring the judiciary’s confidence in the country’s regulatory measures surrounding GMO foods and crops.
As a result, Kenya will continue to allow the controlled use, importation, and potential cultivation of genetically modified food products, a policy supported by the existing legal and scientific frameworks established for public safety.
