Kenyan farmers win temporary relief in seed dispute

Kenyan farmers have secured a temporary victory in their ongoing dispute regarding seed-saving rights. The government’s attempt to overturn a High Court ruling protecting farmers’ ability to save, share, and exchange indigenous seeds has been rejected.

The core of the issue revolves around Kenya’s seed laws and whether they unfairly penalize traditional seed systems utilized by smallholder farmers, who produce over 70% of the country’s food.

High Court Ruling and Appeal

In November 2025, fifteen smallholder farmers, supported by organizations like the Seed Savers Network Kenya, achieved a High Court ruling. This ruling removed criminal penalties for distributing uncertified seeds, limited the powers of inspectors to raid community seed banks, and protected farmer-managed seed systems. The Kenya Plant Health Inspectorate Service (KEPHIS) subsequently filed an appeal to suspend the judgment. However, in early March 2026, the Court of Appeal denied this request, maintaining the High Court protections until a full appeal hearing scheduled for between May and July 2026.

Concerns Over Corporate Control

Greenpeace Africa has voiced concerns that the government and large seed companies are attempting to establish a monopoly over farmers’ planting choices. Elizabeth Atieno, a food campaigner for Greenpeace Africa, warned that a successful appeal by the government could set a precedent for increased corporate control over food production in Africa.

Balancing Farmers’ and Breeders’ Rights

Gideon Muya, programmes officer at the Biodiversity and Biosafety Association of Kenya, noted that the situation is fostering mistrust among smallholders and those who safeguard indigenous seeds. He emphasized the need for a balance between farmers’ rights and plant breeders’ rights, arguing that prioritizing breeders’ rights without protecting traditional practices risks criminalizing long-standing customs and undermining seed sovereignty.

KEPHIS Arguments

KEPHIS has argued that altering the law would hinder efforts to combat fake seed factories and illegal traders. The organization also expressed concerns about the lack of a clear legal definition of ‘indigenous seed,’ which could potentially allow uncertified seeds to enter the market. KEPHIS anticipates an increase in infringements of plant breeders’ rights if adequate safeguards are not in place to differentiate protected commercial varieties from farmer-saved or indigenous seeds.

Opportunity for Policy Development

Muya believes this situation presents an opportunity for Kenya to develop a balanced and inclusive seed policy framework that recognizes both innovation and tradition. He stressed that farmers are not merely consumers of seed but also innovators, custodians of biodiversity, and vital contributors to food security. He advocates for farmer-centered, biodiversity-driven, and legally protected seed-saving policies.

Proposed Legislative Amendment

Adding to the uncertainty, a proposed amendment to the Seed and Plant Varieties Act is currently before Kenya’s Senate Standing Committee on Agriculture, Livestock and Fisheries. This bill proposes a parallel crop varieties registration system under the Kenya Bureau of Standards, potentially shortening seed approval times for 19 crops, including barley, canola, chickpeas, millets, oats, sorghum, and wheat. Muya cautioned that such parallel systems could fragment regulation and create conflicting standards, potentially accelerating the commercialization of traditionally farmer-managed crops like sorghum, millet, and chickpeas, and marginalizing smallholders.