Kenya ruling secures smallholder farmers’ right to share traditional seeds
The decision safeguards farmers’ access to drought-resistant seeds that have been part of their communities for generations.
Key points:
• The 2012 law imposed fines or jail on farmers who saved or shared uncertified seeds, aiming to ensure seed quality and yields.
• Farmers argued the law unfairly favoured commercial seed producers, restricting traditional practices essential for community food security.
• The High Court in Machakos ruled the law unconstitutional, affirming that farmers’ rights to save and share seeds must be recognised alongside commercial interests.
• Campaign groups, including Greenpeace, hailed the verdict as a win for food sovereignty, reshaping the balance of power between communities and agribusiness.
Samuel Kioko, a smallholder in Nairobi, called the ruling “a great victory.” “It will be a relief for us farmers because we will be planting seeds that are familiar to us. They are drought-resistant and have been in our lineage for many years,” he said after following the court verdict online.
Lawyer Wambugu Wanjohi of the Law Society of Kenya noted the previous law granted extensive rights to plant breeders without corresponding rights for farmers, tilting the playing field in favour of large commercial interests.
The ruling not only protects traditional seed practices in Kenya but also signals a wider recognition of smallholder farmers’ role in sustainable agriculture and community food security across Africa.