In Machakos, Kenya’s High Court has delivered a landmark judgment striking down punitive sections of the Seed and Plant Varieties Act (2012); the court has affirmed that saving, sharing, and exchanging indigenous seeds is no longer criminalised.
For millions of smallholder farmers, this ruling is more than a legal victory. It is a reclaiming of heritage, resilience, and sovereignty in the face of decades of restrictive seed laws that favoured corporate interests over community traditions.
Farmers Celebrate a “Great Victory”
Across Kenya, small‑scale farmers sang and celebrated after the verdict.
Farmer Samuel Kioko, watching the ruling online from Nairobi, called it a “great victory”:
“It will be a relief for us farmers because we will be planting seeds that are familiar to us. We know where they come from, they are drought resistant and they have been in our lineage all along for many years.”
Lead petitioner Samuel Wathome added:
“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.”
Legal Context and Court Reasoning
Under the 2012 Act, farmers caught sharing uncertified seeds faced up to two years in jail or fines of Sh 1 million. The Kenya Plant Health Inspectorate Service (KEPHIS) argued the law was meant to guarantee seed quality and maximise yields.
But the High Court found the law unconstitutional. Lawyer Wambugu Wanjohi of the Law Society of Kenya explained:
“Parts of the law granted extensive proprietary rights to plant breeders and there was no corresponding right that was given to the farmers. So, it favoured big commercial and corporate interests over the rights of farmers.”
Justice Rhoda Rutto ruled that indigenous seed-sharing systems, known as Farmer‑Managed Seed Systems (FMSS), are protected under constitutional rights to food, culture, and survival.
Civil Society and Advocacy Voices
Civil society groups hailed the ruling as a turning point.
Elizabeth Atieno of Greenpeace Africa said:
“Today, the shackles have been removed from Kenya’s farmers. Seed is sovereign. By validating indigenous seeds, the court has struck a blow against the corporate capture of our food system.”
Greenpeace further noted:
“The ancient right of farmers to save and share seeds supersedes commercial interests, reshaping the legal balance of power between communities and agribusiness worldwide.”
Agro‑ecologist Gideon Muya of BIBA emphasised biodiversity:
“Indigenous seeds are the library of life, they hold the genetic diversity we need to withstand droughts, pests, and a changing climate.”
Food and seed sovereignty advocate Claire Nasike Akello, an agroecologist and founder of the Humming Bird Foundation (school food gardens project), has long warned that restrictive seed laws undermine resilience.
Writing in The Elephant, she argued:
“By criminalising farmer‑managed seed systems, the law eroded the very foundation of our food sovereignty, stripping communities of their right to nurture biodiversity and resilience.”
Nasike stresses that indigenous seeds are not just inputs but cultural heritage and ecological insurance. Her work with school food gardens shows how teaching children to save and plant local seeds embeds resilience in future generations:
“Seeds are more than commodities; they are stories of survival, adaptation, and culture. Protecting them is protecting our future.”
Her perspective deepens the significance of the ruling, linking it to education, intergenerational knowledge, and climate resilience.
Why It Matters for Smallholder Farmers
- Over 80% of seeds planted by Kenyan smallholders come from informal systems, according to FAO estimates.
- Seed‑sharing preserves biodiversity and supports varieties adapted to local conditions: drought resistance, pest tolerance, and resilience to erratic rainfall.
For decades, smallholders relied on saved seeds, neighbourly exchanges, and local markets. Criminalising these practices threatened not only livelihoods but also food sovereignty.
Policy Implications and Next Steps
Activists say the ruling must spur immediate reforms:
- Align seed laws with constitutional protections
- Formally recognise Farmer‑Managed Seed Systems (FMSS)
- Invest in indigenous seed banks and school food gardens
- Support agroecology and climate-smart agriculture.
The decision could reset the balance of power in Kenya’s food system, shifting control from multinational agribusinesses to local communities reclaiming ancestral rights to seed and food.
Continental Impact
The verdict is a milestone for Kenya and potentially for Africa. It sends a clear message: food sovereignty, traditional knowledge, biodiversity, and smallholder livelihoods matter legally, morally, and politically.
As Elizabeth Atieno summed it up:
“This is not just a legal win; it is a victory for our culture, our resilience, and our future.”
