Kenyan green court dismisses lawsuit challenging government decision to allow import of GM crops

The Environment and Land Court in Kenya on October 12, 2023 dismissed a lawsuit challenging a government decision to allow the importation and cultivation of genetically modified (GM) crops.

Last year, the Kenyan government lifted a decade-old ban on GM crops in response to food insecurity after the East African region faced the worst drought in 40 years. The Kenya Law Society moved court earlier this year to challenge the cabinet decision, arguing it was unconstitutional as there were various unaddressed concerns over the safety of GM crops.

But the environment court has ended the months-long case, ruling that there was no concrete evidence provided by the lawyers’ lobby group to show any GM-related harm to nature or human health.

The court also stated that the petitioner had not challenged the laws governing GM organisms (GMO) internationally and domestically, and evidence presented in court demonstrated that Kenya has a robust framework governing GM crops.

“Evidence before this court has shown Kenya has put in place a robust framework with in-built structures, which must be met before they consider using GM crops,” read the judgment. 

According to the court, Kenya has several credible institutions that deal with biotechnology and GM crops. So it cannot be true that all would conspire to expose citizens to a disaster.

“This court has not been shown any evidence that the respondents and institutions violated the laws and regulations on GM foods. As a country, we need to trust biosafety institutions and only call them to order when they breach the laws or standards,” said the court, referring to the capacity and competence of the Biosafety Authority of Kenya and other state agencies that regulate GM foods.

Activists and agriculture lobby groups said the lifting of the ban poses a significant threat to small-scale farmers. They argued that it will open the market to Mexico, Argentina and United States farmers who use highly sophisticated technologies, have unmatched production capacities and are highly subsidised.

What ruling means  

Considering Kenya’s influence in the region and as a pioneer in biotechnology, the ruling is likely to have far-reaching ramifications, including informing policy across the East and Central Africa region. Kenya is the second country after South Africa, which recently toppled Tunisia as the most food secure country on the continent, to back out of an African Union resolution against GM foods.

Kenya and Uganda lead the East Africa region in embracing agricultural biotechnology. Despite the decade-long on-and-off bans, multiple GM crop testing and research have been going on in confined fields in Kenya, pending approvals for commercial farming by the court and cabinet.

Tanzanian lawmakers have formulated biosafety legislation and regulation policies, but authorities are reluctant to embrace GM crops in commercial farming. In Rwanda and Burundi, agricultural biotechnology research and development is ongoing, but only a little is reported about legislation and commercialisation.

The East African Community— a regional intergovernmental organisation of seven Partner States, comprising Burundi, the Democratic Republic of Congo, Kenya, Rwanda, South Sudan, Tanzania and Uganda— drafted a regional Biotechnology and Biosafety Policy and framework in 2014. Unfortunately, it has never been implemented for various reasons, including court cases and lack of political will.

The broader region, administratively referred to as the Common Market for Eastern and Southern Africa (COMESA), has also put in place a legal framework for GM crops.

The COMESA policy on biotechnology and biosafety was endorsed 10 years ago (2013), but Member States are taking their time and are at different stages of implementing the basics, including establishing national biosafety regulatory frameworks before commercialising GM crops.

Richard Oduor, a researcher and chairman of Kenya Universities Biotechnology Consortium, said: “With maize as a staple food in the region, as scientists, we believe the GM maize can double the yield that relies on traditional breeds, considering it is tolerant to drought, pests and disease.”

The biotechnologist added: “GM crops eliminate the bother of costly pest and disease control chemicals, drastically reducing food production costs. For a country grappling with food insecurity, reduced production costs guarantee cheaper and abundant food.”

The initial decision to lift the 2012 ban by the Kenyan government was reached following the recommendation of top food security and biotechnology experts, according to the Kenyan cabinet.

“In accordance with the recommendation of the Task Force to Review Matters Relating to Genetically Modified Foods and Food Safety and in fidelity with the guidelines of the National Biosafety Authority on all applicable international treaties, including the Cartagena Protocol on Biosafety, Cabinet vacated its 2012 ban,” read the statement from the cabinets back then.

Safety concerns

Most countries in Africa banned GM crops over a decade ago based on a report published in a journal, claiming laboratory rats fed on GM foods developed a cancerous tumor. The report was, however, discredited months later.

Besides the court ruling, scientists have dismissed claims that GM crops cause cancer, scientifically absolving the technology of any side effects. GMOs have been approved by agencies such as the US Food and Drug Administration, the World Health Organization, the European Food Safety Authority and the Food and Agriculture Organization. 

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