Nairobi — A three judge bench has dismissed an application by government seeking to allow Genetically Modified Organism (GMO) foods into the country.

Justice Mohammed Warsame, Ali Aroni and John Mativo indicated that the application lacked merit and that the public interest test had not been met.

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

The ruling not 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.

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 material for animal feed industry.

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

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.