In the appeal, lawyer Kevin Oriri challenged the High Court’s decision to lift the GMO ban, arguing that it was made without due consideration of scientific evidence and highlighting potential health and environmental risks. ‘The State plans to proceed with importing and distributing genetically modified foods, with GMO maize set for release into the Kenyan market almost immediately if preservatory orders are not granted,’ he stated. However, the respondents told the court that the appeal would not be rendered nugatory, as Kenya has a comprehensive legal and institutional framework to regulate the cultivation and importation of GMOs. They argued that any introduction of GMOs would undergo rigorous assessment by institutions established under Kenya’s legal framework. The judges further directed that the matter be listed for hearing in the second term of this year
The Court of Appeal has issued an order preventing the government from taking any further steps to permit the importation of genetically modified (GMO) crops and food into the country. In its ruling, the judges granted the orders pending an appeal by the Kenyan Peasants League.
“We are persuaded that, in the circumstances of this case and given what is at stake, the precautionary principle militates in favour of granting conservatory orders during the pendency of the appeal,” the ruling stated.
In the appeal, lawyer Kevin Oriri challenged the High Court’s decision to lift the GMO ban, arguing that it was done without due consideration of scientific evidence, highlighting potential health and environmental risks.
“The State plans to proceed with importing and distributing genetically modified foods, with GMO maize set for release into the Kenyan market almost immediately if preservatory orders are not granted,” he stated.
However, the respondents informed the court that the appeal would not be rendered nugatory, as Kenya has a comprehensive legal and institutional framework to regulate the cultivation and importation of GMOs. They argued that any introduction of GMOs would undergo rigorous assessment by institutions established under Kenya’s legal framework.
The judges further directed that the matter be listed for hearing in the second term of this year. In January, the Court of Appeal certified the application as urgent.
Through lawyer Paul Mwangi, the court was informed that the National Biosafety Authority had begun rolling out GMO crop trials across the country in preparation for mass production.
“Unless a conservatory order staying the lifting of the ban is issued, the intended appeal together with the application will be rendered nugatory,” read the appeal.
The lawyer argued that the conservatory order was absolutely necessary, as the effect of implementing the lifting order would be irreversible or uncompensable if the appeal succeeded.
The government also announced new protocols targeting Kenyans who wish to participate in the rearing of the breeds.
He stated that on 3 October 2022, the Cabinet lifted a ban on the cultivation and importation of foods and animal feeds produced from genetically modified seeds and other organisms.
“The lifting of the ban removed the prohibition that had been put in place on 8 November 2012 by a resolution of the Cabinet of the Republic of Kenya following concerns regarding the safety of genetically modified foods,” court documents stated.
At the time of the prohibition in 2012, the Cabinet had stated that there was a “lack of sufficient information on the public health impact of such foods” and that “the ban would remain in effect until there was sufficient information, data and knowledge demonstrating that GMO foods are not a danger to public health.”
The Cabinet’s approval of the cultivation, importation and sale of genetically modified foods in Kenya on 3 October 2022 removed all regulatory barriers that had been established over the past ten years for the protection of Kenyans.
Mwangi contended that the Cabinet’s 2022 decision posed a threat to the rights and fundamental freedoms outlined in the Bill of Rights, and if not overturned, it would result in the violation of the rights and freedoms of the petitioner and all Kenyans.
“Unless the conservatory orders dated 15 December 2022 are restored or fresh orders issued, the public stands to suffer irreparable damage, as the effects of implementing the lifting of the ban on GMOs cannot be reversed even if the appeal succeeds,” Mwangi stated.
On 7 November last year, the High Court dismissed petitions challenging the lifting of the ban on GMO food.
In a ruling delivered by Justice Lawrence Mugambi, the court held that the matter had already been dealt with by the Environment and Land Court the previous year.
“The court hereby finds that the current petition is res judicata. The same is struck out with no orders as to costs,” ruled Justice Mugambi.
