Appeal filed challenging High Court ruling lifting ban on GMOs

The Court of Appeal has certified urgent an appeal challenging the High Court ruling that lifted  the ban on the development of Genetically Modified Organisms (GMOs) and crops.

Through lawyer Paul Mwangi, the court was told that the National Biosafety Authority has started rolling out GMO crop trials across the country in preparation for mass production.

“Unless a conservatory order staying the lifting of the ban is issued, the intended appeal together with the application will be rendered nugatory,” reads the appeal.

Lawyer Mwangi argues that the conservatory order is absolutely necessary as the effect of the implementation of the lifting order is not reversible or compensable in the event the appeal succeeds.

This comes after the High Court last month dismissed petitions challenging the lifting of the ban on GMO foods.

In its ruling, the court stated that the issue had already been addressed by the Environment and Lands Court last year.

"The court finds that the current petition is res judicata and hereby strikes it out with no orders as to costs,” ruled Justice Lawrence Mugambi.

In October last year, the Environment and Lands Court dismissed a case opposing GMO imports, citing a lack of evidence proving they are harmful to people.

The case had been filed by the Kenya Peasants League, a lobby group representing peasant farmers.

Justice Oscar Angote ruled that adequate public participation was achieved through a session at the KICC as well as a gazette notice.

According to the court, the petitioner made premature claims about the cultivation, importation, and exportation of GMO maize without a license because no evidence was provided.

The court also stated that the petitioner had not challenged the laws governing GMOs both internationally and domestically, and that evidence presented in court demonstrated that Kenya has a strong framework governing the viability of GMOs.