Government Warns GMO Dealers Following High Court Ruling

The government of Kenya, through the National Biosafety Authority (NBA), has issued a warning to dealers of genetically modified organisms (GMO) products after a recent ruling by the High Court.

NBA reminded the public that it is illegal to deal in GMOs or their derived products without prior written approval from the Authority, as outlined in Section 52 of the Biosafety Act.

This warning comes just weeks after a landmark High Court ruling on Thursday, November 7, which upheld the Cabinet’s decision made on October 3, 2022, allowing the importation and use of GMOs in Kenya.

The court ruled that Kenya has a comprehensive legal and regulatory framework in place to safely manage GMOs.

“Under the High Court ruling, the Authority draws the attention of persons wishing to deal in GMO products to the provisions of Biosafety Act, 2009 Sections 18, 19, 20, 21, 22, 23 and 50 and the Regulations made thereunder which require such persons to make applications to the Authority for approval to deal with the said products. Details of the application procedures, including application forms, can be accessed at www.biosafetykenya. Go.ke as well as the E-citizen platform,” the NBA statement read.

This follows a previous case in 2023, where the Environment Court dismissed a petition challenging the importation of GMOs.

The court ruled that there was no evidence to suggest that GMOs pose a danger to human health. This ruling led to a move by the Kenya Peasants League, a lobby group representing farmers, to file a case in the High Court, expressing concerns over potential risks to health, animals, and the environment.

On November 7, 2024, Justice Mugambi of the High Court dismissed several petitions that had sought to block the lifting of the 10-year ban on GMO foods, thereby allowing the government to proceed with its decision to permit the importation and use of GMOs in the country.