Setback for gov’t as Court of Appeal upholds ban on GMOs importation

Three Court of Appeal judges, Justice Mohammed Warsame, Ali Aroni and John Mativo, on Thursday, said the application by Attorney General Justin Muturi lacks merit, adding that the public interest test was not met.

“We see nothing for the court to preserve and it cannot be said that the substratum of the appeal will be eroded," said the court.

This means that the order barring the government from importing or distributing GMO crops and food stands until a case filed at the high court by the Kenyan Peasants League, a social movement, is heard and decided.

In their consolidated petition at the High Court, the petitioners were opposed to the importation, cultivation and consumption of GMOs on the grounds that the decision to lift the ban was unlawful and that it did not involve public participation. 

Additionally, it was their view that GMO products pose a health risk to Kenyans.

The State, before the Court of Appeal, had argued that the adoption of biotechnology involving the use of GMOs will significantly contribute to addressing the challenges facing the country in terms of food security as it will lower the cost of raw materials for the animal feed industry.

The argument was objected on grounds that there was no public participation. 

“Decision arrived at was not subjected to public participation; why the report which preceded the making of such a declaration was not made public to allow stakeholder engagement; the responses did not address why the Minister for Trade, Industry and Investment acknowledged the dangers of GMO on the 18th of November, 2022 yet he saw nothing wrong with the importation..," the Court of Appeal heard.

The State argued that unless the orders are granted, the appeal will be rendered nugatory as the people of  Kenya who are faced with hunger and starvation will be greatly prejudiced.