Members of the Kenya Peasants League (KPL) have expressed concern over delays by the Court of Appeal of Kenya in delivering judgment on a case challenging the government’s decision to lift the ban on genetically modified organisms (GMOs).
Speaking in South Sakwa ward, Awendo Sub County, the farmers, led by David Otieno, said the prolonged wait for the ruling undermines their quest for justice, terming the delay as unfair and detrimental to farmers across the country.
Otieno noted that the dispute dates back to October 2022 when the government lifted a 10-year ban on GMOs, prompting the league to move to court in November the same year.
“Our case was initially successful as the High Court reinstated the ban and directed the government to fulfil certain obligations,” he said.
He added that in December 2022, the High Court of Kenya consolidated several GMO-related cases, including one filed by the Law Society of Kenya at the Environment and Land Court.
However, in October 2024, the High Court struck out KPL’s case on grounds that the issues had already been determined in the LSK matter, a decision the farmers disputed, arguing their case was distinct.
The group subsequently moved to the Court of Appeal, where they secured a stay order effectively reinstating the GMO ban, and filed a substantive appeal challenging the High Court’s ruling.
The judgment, which had been scheduled for delivery on the 14th, was postponed indefinitely, with the court indicating that it was not ready.
“Since 2022, we have never been given a proper hearing as the matter has been bogged down by technicalities raised by the government. We expected today’s ruling to give direction on whether the case would return to the High Court for hearing,” Otieno said.
He emphasized that the continued delay amounts to denial of justice.“This is a matter of public interest affecting farmers across the country. Justice delayed is justice denied,” he added, calling on the appellate court to expedite the case and provide a clear timeline.
Otieno further urged the court to deliver the judgment physically and give adequate notice to allow farmers and stakeholders to attend.
The farmers also raised concerns over the conduct of regulatory agencies, including the National Biosafety Authority and the Kenya Plant Health Inspectorate Service, accusing them of overstepping their mandate.
“They are supposed to regulate and assess applications, but we are now seeing them act like campaigners for GMO products. If this continues, we will take legal action,” Otieno warned.
Local farmers echoed the concerns, citing economic and health implications associated with GMO adoption.
Moses Ojolla, a farmer from Mariwa in Awendo Constituency, said farmers were disappointed by the postponement of the ruling.
“We expected the judgment to give us a way forward, but now we remain in uncertainty,” he said, urging the government to support traditional farming methods and subsidize organic fertilizers.
John Owino decried the shift from traditional foods to processed alternatives, linking it to declining health standards.
“In the past, we relied on millet and sorghum, and we were healthy. Today, many families depend on processed foods, which are affecting our well-being,” he said.
He called for government support in preserving indigenous seeds and strengthening community seed banks.
Similarly, Alice Achila noted that GMO seeds are costly and cannot be reused, forcing farmers to purchase new seeds every planting season.
“We used to share traditional seeds, but GMO seeds cannot be shared. This makes farming expensive and unsustainable for small-scale farmers,” she said.
The farmers vowed to continue mobilizing communities to preserve indigenous seeds through seed fairs, food festivals, and cooperatives, even as they await the court’s decision.
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