The Court of Appeal has issued a conservatory order halting the importation and open cultivation of genetically modified organisms (GMOs) pending the hearing and determination of an appeal filed by the Kenya Peasants League.
The ruling, delivered by a three-judge bench comprising Justices Patrick Kiage, Weldon Korir, and Joel Ngugi, temporarily restrains several government entities from proceeding with the implementation of the Cabinet’s October 3, 2022 decision to lift the ban on GMOs.
The appeal follows a High Court ruling that had vacated an earlier conservatory order blocking the importation and cultivation of GMO products.
“In the circumstances of this case, and given what is at stake, the precautionary principle militates in favor of granting conservatory orders during the pendency of the appeal,” the Court stated in its ruling.
The Kenya Peasants League, alongside other petitioners, argues that the introduction of GMOs in the country poses significant risks to human health, biodiversity, and small-scale farmers.
They contend that the decision to lift the ban was made without adequate public participation or a clear regulatory framework to mitigate potential adverse effects.
Attorney General Dorcas Oduor maintains that Kenya has a robust biosafety regulatory framework aligned with international protocols, ensuring the safe use of GMOs in the country.
The respondents argued that allowing the appeal would unnecessarily delay much-needed advancements in agricultural biotechnology.
Despite this argument, the Court emphasized the potential irreversible consequences of widespread GMO adoption, noting that once introduced, GMOs are difficult to contain due to their ability to crossbreed and persist in ecosystems.
The Court further acknowledged concerns over trade implications, legal liabilities, and the long-term impact on local farming practices.
In issuing the conservatory orders, the Court directed the parties to expedite the appeal process, setting strict deadlines for the filing of records and submissions.
The appeal is set to be heard in the second term of 2025.
