By Milliam Murigi
Kenyan farmers can now save, share, and sell their indigenous seeds without fear of legal action, following a historic ruling that declared punitive sections of the Seed and Plant Varieties Act unconstitutional.
For years, the law has criminalized traditional seed practices, imposing heavy fines and even potential jail terms on smallholder farmers who relied on indigenous seeds for their livelihoods.
The case, supported by Greenpeace Africa, Seed Savers Network, and the Biodiversity and Biosafety Association of Kenya (BIBA), challenged clauses that banned the exchange, sale, or use of uncertified seeds, effectively restricting farmers from using traditional varieties cultivated over centuries.
“Today, the shackles have been removed from Kenya’s farmers. The court has affirmed what we have known all along: Seed is Sovereign. This is not just a legal win; it is a victory for our culture, our resilience, and our future,” said Elizabeth Atieno, Food Campaigner at Greenpeace Africa.
“By validating indigenous seeds, the court has struck a blow against the corporate capture of our food system. We can finally say that in Kenya, feeding your community with climate-resilient, locally adapted seeds is no longer a crime.”
Legal analysts say the ruling could serve as a benchmark for similar struggles across Africa, where tensions between corporate seed interests and community seed systems are intensifying. Kenya is not the only African country facing this challenge; in Ghana, farmers and civil-society groups are also contesting laws that could criminalize traditional seed saving and exchange, highlighting a continent-wide struggle over seed sovereignty.
“The court has correctly interpreted the constitution to find that the rights of farmers to intellectual property and indigenous knowledge supersede restrictive commercial statutes. This sets a powerful legal precedent not just for Kenya, but for the entire African continent,” said Wambugu Wanjohi, Legal Counsel for the petitioners.
Veronicah Kiboino, one of the petitioners, expressed relief and optimism saying that at last, the judiciary has shown that there are still sane people in there and that it is truly independent. According to her, this is a landmark decision that sets a very good precedent for the region. It gives farmers hope and reaffirms that our courts can protect ordinary citizens against unjust laws.
“Sharing seeds is our culture; criminalising it is like trying to cut off the roots of our heritage, erase centuries of knowledge, and disconnect communities from the very practices that have sustained us for generations. It is an attack not just on our livelihoods, but on our identity, our traditions, and our right to feed ourselves in a way that is sustainable, resilient, and uniquely Kenyan,” said Kiboino.
Farmers across the country have welcomed the decision as a victory for heritage, identity, and survival. Many say it restores dignity to smallholder farmers, recognizing the value of indigenous knowledge and centuries-old agricultural practices. For them, seeds are more than crops; they are a living connection to their ancestors, a source of resilience against climate change, and a foundation for local food security.
“We can now continue our traditions without fear of punishment,” said Peter Ngiri, a farmer from Gilgil, Nakuru County. “These seeds are our heritage, our knowledge, and our future.”
However, while the ruling is a major victory, activists caution that the broader fight for food sovereignty continues. Mary Kathomi of Kilimo cha Haki described the previous law as part of a systematic agenda to undermine Kenyan farmers.
“According to me, this was a sinister plan to bring food colonization in Kenya. This was the precursor to the legalization of GMO,” she said. “GMO was not going to stand unless the sharing of seeds was illegal. So they had to make the sharing of seeds illegal, then legalize GMO, then bring the punitive law.”
Kathomi added, “It was a systematic agenda to take over our food sovereignty, our food security, and actually colonize us for food. So the fight is not over. We now want to go for the GMO. GMO has to go down in this country. We have to keep fighting.”
She urged the government to play a supportive role, rather than a punitive one, in seed systems. According to her, the Ministry of Agriculture, through county governments, needs to employ extension officers to assist farmers who produce and propagate seeds for sale. These officers should focus on providing support, improving quality, and ensuring proper monitoring. She also highlights the importance of farmer education, including guidance on proper seed storage and pest management to maintain seed quality.
Indigenous seeds, naturally adapted to local climates, pests, and soils, are essential for climate-resilient agriculture and food security. By protecting these seeds, the ruling is expected to strengthen biodiversity, enhance smallholder livelihoods, and empower communities to maintain control over their food systems.
