The Court of Appeal has upheld a High Court decision to suspend the importation and distribution of genetically modified (GMO) crops and food in Kenya. This ruling stems from a petition filed by the Kenyan Peasants League, a lobby representing small-scale farmers, challenging the government’s October 2022 decision to lift a decade-long ban on GMOs. The League argued that the lifting of the ban was unlawful and lacked proper public participation, as required by the Constitution.

The Court of Appeal dismissed the Attorney General’s application to overturn the High Court’s order, stating that the government’s appeal did not meet the necessary public interest criteria. Consequently, the suspension of GMO imports and distribution remains in effect until the High Court hears and determines the petition.

This legal action has significant implications for Kenya’s food security strategy, which had considered GMOs as a potential solution to address food shortages exacerbated by droughts. The court’s decision delays the government’s plans to introduce GMO crops into the market.

The case has also attracted international attention, as it affects negotiations between Kenya and countries like the United States, which have been advocating for the acceptance of GMO imports. The court’s ruling presents a setback to these discussions, emphasizing the need for public participation and adherence to constitutional processes in policy decisions.