Kenyan Court Overturns Seed-Sharing Ban, Upholding Farmers’ Rights and Tradition
NAIROBI, Kenya – In a landmark victory for smallholder farmers and agricultural activists, Kenya’s High Court has struck down sections of a national law that criminalized the informal sharing of seeds, declaring the restrictions unconstitutional.
The ruling directly impacts the millions of small-scale farmers who form the backbone of Kenya’s agricultural sector, comprising nearly 70 percent of its workforce. For these communities, the long-standing tradition of exchanging seeds is a vital safety net, especially during periods of shortage, ensuring crop diversity and food security.
The contested law was initially introduced to regulate seed quality and protect the intellectual property rights of commercial seed breeders. However, it faced immediate backlash from farmers’ rights groups, who argued that it criminalized essential traditional practices, threatened food sovereignty, and concentrated control over seeds in the hands of a few corporations.
The court found that the restrictions imposed by the law violated the rights of farmers, acknowledging their critical role in preserving agricultural biodiversity and sustaining rural livelihoods.
Farmers and activists have hailed the decision as a triumph for common sense and cultural heritage. They contend that the informal seed system is not only a practical necessity but also crucial for maintaining a diverse genetic pool of crops, which builds resilience against pests, diseases, and the effects of climate change.
The ruling is expected to bolster food sovereignty movements across the region, reinforcing the right of farmers to save, use, and exchange their seeds—a practice they argue is fundamental to their survival and cultural identity.
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