The Court of Appeal has suspended government’s bid to introduce genetically modified organisms (GMOs).
Justices Patrick Kiage, Weldon Korir and Joel Ngugi ruled that the government should wait until appeals filed are heard and determined.
“This course of action will, we believe, carefully balance the interests of all the parties – including the public interest in both securing the benefits of biotechnology in potentially addressing food insecurity in the country while ensuring that there is a comprehensive legal and institutional framework for addressing the potential adverse health, biological, ecological, social and economic effects of the introduction of GMOs into the country,” the Bench headed by Justice Kiage said.
There are four cases relating to GMOs filed by lawyer Paul Mwangi, Kenya Peasant League Biodiversity and Biosafety Association of Kenya, Kenya University Biotechnology Consortium and Association of Kenya Feeds Manufacturer.
They all moved to court after the controversial decision by the government to lift a 10-year ban on genetically modified foods.
President William Ruto had on October 3, 2024 announced that the government had lifted the ban on GMO foods after a Cabinet meeting to boost the country’s food security following the prolonged drought.
GMOs were banned in 2012 by President Mwai Kibaki over what the government termed as lack of sufficient information on the public health impact of such foods.
Mwangi argued that the ban was to remain in force until such a time when there would be sufficient information, data and knowledge demonstrating that the GMO foods are not a danger to public health.
“The hasty removal of all regulations in the cultivation and trade of genetically modified foods in Kenya is unreasonable and a threat to well being of Kenyans who have a legitimate expectation to clean food and good health,” he said.
According to Mwangi, the government did not entirely ban the use of GMO in the country but only passed regulations to allow for further research to determine the safety of such foods.
