High Court restores farmers’ right to save and share indigenous seeds

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Kenyan smallholder farmers won a major victory on Thursday after the High Court struck down sections of the Seed and Plant Varieties Act that criminalised saving and sharing indigenous seeds.

The case, filed by 15 farmers, challenged provisions that gave seed inspectors powers to raid seed banks, blocked farmers from processing or selling seeds unless licensed, and restricted the sharing of seeds without approval from proprietors.

The petitioners argued these measures violated constitutional rights and gave commercial seed interests excessive control over Kenya’s food system.

Justice Rhoda Rutto, in her ruling, highlighted that the law undermined farmers’ traditional rights and threatened community food security. 

She made clear that such punitive provisions could not stand under the Constitution.

“I hereby declare that the provisions criminalising the saving, sharing, or exchanging of seeds by farmers are unconstitutional.”

Speaking after the judgment, Samuel Wathome, the first petitioner, said the ruling brings relief to families who have relied on saved seeds for generations.

“I have waited years to hear these words. My grandmother saved seeds, and today the court has said I can do the same for my grandchildren without fear of police or prison. Today, the farmer is king again.”

Environmental and food-rights groups welcomed the decision, linking it to broader efforts to defend seed sovereignty in a country where GMOs and commercial seed regimes have long been debated.

Elizabeth Atieno, Food Campaigner at Greenpeace Africa, said the judgment frees farmers from laws that favoured commercial seed interests.

“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.”

Biodiversity experts said the ruling safeguards indigenous seeds, which communities rely on as locally adapted, non-proprietary varieties.

Gideon Muya, Programs Officer at the Biodiversity and Biosafety Association of Kenya, described the seeds as central to ecological survival.

“This judgment is a shield for our biodiversity. Indigenous seeds are the library of life – they hold the genetic diversity we need to withstand droughts, pests, and a changing climate.”

Agroecologists said the judgment strengthens calls for policies that recognise the value of farmer-managed, non-GMO seeds. Claire Nasike said the ruling reinforces the link between seed choice and community resilience.

“Seed is life, and it is sovereign, and whoever controls it influences the lifeline of a generation. It is a delight that the right to save, share and exchange seeds is in the right hands, those of Kenyan farmers.”

The Law Society of Kenya, which supported the petition, said the ruling aligns the law with constitutional protections. Legal counsel Wambugu Wanjohi said it restores fairness to the seed sector.

“The court has correctly interpreted the Constitution to find that the rights of farmers supersede punitive and restrictive commercially driven laws that infringe on their inherent rights.”

Greenpeace Africa and partners urged the Ministry of Agriculture to align national policy with the ruling and formally recognise Farmer-Managed Seed Systems, a step they say is crucial as Kenya continues to navigate complex GMO policy debates.