Gov't defends Kenya’s GMO approval process, says it meets global standards

In a replying affidavit filed in response to a petition challenging the regulation of GMOs, Acting Director of Biosafety Research and Compliance Josphat Njogo Muchiri states that Kenya's GMO oversight regime is anchored on international agreements, national legislation, and detailed regulatory guidelines developed over the years.

Muchiri says that Kenya ratified the Cartagena Protocol on Biosafety in 2003 and subsequently enacted the National Biotechnology Development Policy in 2006 and the Biosafety Act, which established the National Biosafety Authority as the lead agency responsible for regulating genetically modified products.

According to the affidavit, GMOs have applications beyond agriculture, including medicine, environmental management, industrial biotechnology, food processing, and scientific research.

The Authority argues that before any GMO product is approved for use, importation, cultivation, or commercialisation, it undergoes rigorous scientific assessment involving multiple government agencies, independent experts, and public participation processes.

The court has been told that applications are subjected to risk assessments by the NBA and reviewed by agencies including the Kenya Plant Health Inspectorate Service (KEPHIS), the National Environment Management Authority (NEMA), the Kenya Bureau of Standards (KEBS), the Kenya Wildlife Service (KWS), the Directorate of Veterinary Services, and the Department of Public Health.

The Authority further states that all GMO applications are publicised in national newspapers to allow members of the public to submit comments and concerns before any decision is made.

Muchiri notes that genetically modified crops also undergo environmental impact assessments, national performance trials, and distinctness, uniformity and stability tests before approval.

Further, the Authority argues that the judgment remains the prevailing legal position since it has not been overturned on appeal.

Addressing claims that county governments were excluded from GMO decision-making, the NBA argues that the regulation of genetically modified organisms is a national function because biotechnology cuts across several sectors, including health, environment, wildlife conservation, and industrial development.

The Authority maintains that GMO regulation is not expressly assigned to county governments under the Constitution and therefore falls within the mandate of the national government.

Further, the NBA argues that even where a function may have devolved aspects, there is no constitutional requirement that every such function must be implemented directly by county governments, citing national agencies that operate countrywide while exercising oversight over devolved sectors.

The petition is pending before the High Court for determination.