Kenyan Court Legalises Seed Sharing in Landmark Food Sovereignty Ruling

The High Court of Kenya has ruled that saving, sharing, and exchanging indigenous seeds is legal, striking down punitive sections of the Seed and Plant Varieties Act in a landmark victory for smallholder farmers.

The court declared unconstitutional provisions that criminalised farmers for selling or sharing unregistered seeds, a move that had exposed them to two-year jail terms and fines of up to KSh1 million. The law had been widely criticised for favouring multinational seed corporations over local farming communities.

Delivering the judgment, Justice Rhoda Rutto ruled that farmers’ constitutional rights override commercially driven restrictions that undermine food security, biodiversity, and livelihoods.
Samuel Wathome, the lead petitioner, said the ruling restores farmers’ dignity and generational traditions of seed saving. Civil society groups also hailed the decision as a major win for food sovereignty and climate resilience.

The Law Society of Kenya, which supported the petition, said the judgment sets a powerful legal precedent protecting farmers from corporate seed monopolies.

The ruling is expected to reshape Kenya’s agricultural system by safeguarding Farmer-Managed Seed Systems and strengthening the country’s control over its food future.

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