The High Court in Machakos has delivered a landmark judgment, striking down sections of the Seed and Plant Varieties Act (2012) and effectively ending the criminalization of saving, sharing, and exchanging indigenous seeds in Kenya.
The ruling, described by smallholder farmers across the country as a “great victory,” affirms the constitutional right of communities to maintain their traditional Farmer-Managed Seed Systems (FMSS) without fear of legal reprisal.
Previously, the 2012 Act threatened farmers caught sharing or planting uncertified seeds with steep fines of up to Ksh. 1 million or a two-year jail term. The Kenya Plant Health Inspectorate Service (KEPHIS) had defended the law as necessary for ensuring seed quality and maximizing yields.
Justice Rhoda Rutto, in her ruling, declared the restrictive law unconstitutional, noting that it granted extensive proprietary rights to plant breeders while providing no corresponding rights to farmers. The court found that the law favored “big commercial and corporate interests” over community traditions and livelihoods.
The ruling formally recognizes FMSS as systems protected under the constitutional rights to food, culture, and survival, providing a powerful legal shield for practices that have sustained communities for generations.
Farmer Samuel Wathome, a lead petitioner in the case, celebrated the decision. “My grandmother saved seeds, and today the court has said I can do the same for my grandchildren without fear of police or prison,” he said. “Today, the farmer is king again.”
Agroecologists stressed that the ruling is vital for climate resilience. Indigenous seeds are highly adapted to local conditions, possessing genetic diversity necessary to withstand drought, pests, and erratic rainfall, factors becoming increasingly important due to climate change. According to FAO estimates, more than 80% of seeds planted by Kenyan smallholders originate from these informal, community-managed systems.
The court’s decision is expected to trigger immediate policy reforms. Activists are calling on the government to align all seed laws with constitutional protections, formally recognize and invest in FMSS, and increase support for agroecology.