Blow to Gov’t as Court of Appeal bars importation of GMOs

The Court of Appeal has issued orders stopping the government from taking any further action to allow or permit the importation of genetically modified (GMO) crops and food into the country, pending an appeal by the Kenyan Peasants League.

"We are persuaded that, in the circumstances of this case and given what is at stake, the precautionary principle militates in favor of granting conservatory orders during the pendency of the appeal," reads the ruling. 

In the appeal, lawyer Kevin Oriri challenged the High Court's decision to lift the GMO ban, arguing that it was done without due consideration of scientific evidence highlighting potential health and environmental risks. 

"The State plans to proceed with importing and distributing genetically modified foods, with GMO maize set for release into the Kenyan market almost immediately if preservatory orders are not granted," he stated. 

However, the respondents told the court that the appeal would not be rendered nugatory, as Kenya has a comprehensive legal and institutional framework to regulate the cultivation and importation of GMOs.

They argued that any introduction of GMOs would undergo rigorous assessment by institutions established under Kenya’s legal framework. 

The judges further certified the appeal as urgent and directed that the matter be listed for hearing in the second term of this year.