High Court dismisses petitions challenging the lifting of the ban on GMOs

In its ruling, the court stated that the issue had already been addressed by the Environment and Land 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 Court dismissed a case opposing GMO imports, citing a lack of evidence proving they are harmful to people.

This 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.

respondent is already engaged in food cultivation, processing import and export..." said Justice Angote.

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.

"Evidence before me has shown that the country has put in place a robust framework with inbuilt structures which must be met before they consider the use of GMO's." Justice Angote added. 

"The framework has been set up for the evaluation of GMOs foods to human ....evidence before the court shows that the international biosafety authority has the capacity to check on food assessment...."

According to the court, Kenya has several institutions tasked with dealing with the GMO issue in its entirety, so it cannot be true that all would conspire to expose the population to a disaster.

"This court has not been shown any evidence that the respondents and institutions violated the laws and regulations on GMO foods, specifically the approval to release maize cultivation, importation, and exportation.... "I dismiss the petition," added Justice Angote.