NAIROBI, Kenya, Dec 3 — Fifteen petitioners, among them smallholder farmers and Greenpeace Africa, have filed an appeal challenging a High Court decision that struck down key provisions of the Seed and Plant Varieties Act.
The earlier ruling had allowed farmers to freely sell, save, and exchange unregistered seeds after the court declared several sections of the law unconstitutional.
In their appeal, the petitioners argue that the court misinterpreted constitutional protections on property, privacy, equality, and economic rights. They say the judgment raises broader concerns about farmer autonomy and the state’s role in regulating seed markets.
“We are aggrieved by the High Court’s finding and intend to challenge the ruling in its entirety,” the appeal notice states in part. “We believe the judgment failed to fully address the threats posed to farmers’ rights and livelihoods under the current regulatory regime.”
The appeal seeks a review of the constitutionality of Sections 3A, 8A, 10(4), 20(1) and 20(1E) of the Act, alongside the Seed and Plant Varieties (Seeds) Regulations, 2016.
These provisions empowered the national authority to determine which seeds could be legally sold, marketed, or exchanged. Section 3A established the administering authority; Section 8A required all seed varieties to be formally listed; Section 10(4) criminalised handling unregistered seeds; while Sections 20(1) and 20(1E) granted exclusive propagation and sale rights to breeders.
The petitioners maintain that such restrictions criminalised traditional Farmer-Managed Seed Systems (FMSS), curtailed smallholder autonomy, suppressed indigenous seed use, and disproportionately favoured commercial seed companies.
The High Court ruling, delivered on November 28 by Justice Rhoda Rutto, had nullified provisions permitting seed-bank inspections without adequate safeguards, restricting farmers from saving seeds without notifying breeders, and limiting seed handling to licensed dealers.
