Farmers and Civil Society Groups Challenge Kenya’s Seed Law in Court, Citing Threat to Traditional Practices
In picture, farmers who travelled from rural counties to witness the hearing of the long awaited constitutional petition challenging Kenya's Seed and Plant Varieties Act (Cap. 326) at the Machakos High Court .
By Aoma Keziah,
Smallholder farmers, civil society groups, and food justice advocates gathered at the Machakos High Court, during the hearing of the constitutional case against Kenya’s Seed and Plant Varieties Act. The petition filed by 15 farmers, supported by Greenpeace Africa, the Biodiversity and Biosafety Association of Kenya (BIBA),argues that current seed laws unfairly target farmers who rely on traditional seed systems.
At the centre of the case is a challenge to legal provisions that prohibit the sharing or sale of uncertified seeds, including indigenous and farmer-saved varieties. Those found in violation face heavy penalties a situation that petitioners say criminalises age-old farming practices that have sustained communities for generations.
“We have given conclusive evidence that our seed rights are being violated. We expect the court to uphold our rights, so seeds remain with us not under the control of merchants or outsiders,” said Justus Mwololo a farmer and petitioner.
Lawyers representing the farmers argued that the Seed and Plant Varieties Act infringes on constitutional rights, including the right to food, cultural practices, and the protection of indigenous knowledge.
“The Act introduced provisions that essentially criminalise farmers for exchanging, selling, and using their own seeds. These laws impose unaffordable fines and jail time on the very people mostly peasant farmers who have nurtured Kenya’s agriculture for generations. This creates fear, undermines the right to food, and discriminates against those with less economic power,” stated advocate Emily Kinama, representing BIBA Kenya.
Greenpeace Africa’s Food Campaigner Elizabeth Atieno,explained that the petition is about more than just seeds, reinforcing the broader implications
“This is about protecting our biodiversity and farmer’s rights at a time of climate crisis and giving them freedom to choose how they grow food. Agroecology and indigenous seeds are vital to resilient food systems, limiting farmers’ access to these seeds puts food security and economic stability at risk,” she remarked.
The petition argues that criminalising seed sharing violates constitutional rights to culture, food, and property, and unfairly targets communities that have long sustained the country’s food supply. The government had defended the Seed Act in the past as necessary to maintain quality standards and agricultural productivity.
After the hearing, farmers led a powerful and peaceful procession through Machakos town with banners reading “Indigenous farmers are not criminals,” “Hands off our seeds,” and “Our grandmothers fed nations, now you call them criminals?” , as they wait for the court’s judgment set for November 27th, which will determine the future of Kenya’s food system, biodiversity, and the survival of indigenous agricultural practices.
As they wait for the ruling in the coming months, the farmers and their supporters say they are hopeful that the court will recognize the value of their way of life, one built on trust, resilience, and shared knowledge.
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About the Author
The Mt Kenya Times 
Aoma Keziah. Thank you for this is an excellent summary of the struggle between traditional farmers and their life giving seed sharing practices and the Multinational Seed Corporations who, in the name of Seed Certification, want to make to make profit at the expense of the people. Is there there not room for both to co-exist? Please let us in Zambia know about the results of this Machakos High Court Petition expected on 27th November 2025. Exactly the same debate is going on in Zambia at the moment and I suspect all over the world. It is clear: sharing of improved traditional seeds brings life and must be encouraged not criminalised!