The High Court has dismissed petitions challenging the lifting of the ban on genetically modified (GMO) foods in Kenya.
Justice Lawrence Mugambi ruled on Thursday that the Environment and Land Court, a court of equal status, addressed the matter in October 2023, rendering the petition res judicata.
Mugambi stated that the court had previously determined that the government had implemented adequate safety measures to address the concerns raised by the petitioners.
"In view of the above, the court hereby finds that the current petition is res judicata. It [is] struck out with no orders as to costs," said Justice Mugambi.
In a prior ruling by the Environment and Land Court in October 2023, Justice Oscar Angote concluded that the petition by the Law Society of Kenya (LSK) had not provided sufficient evidence to prove that GMOs would pose a health risk.
"With all these institutions, save for NEMA, which has not issued an Environmental Impact Assessment Licence, we should be confident that our health and environment are in good hands. It cannot be true that they have all conspired to expose the population to the calamities alluded to in the petition, at least not from the evidence on record," Justice Angote stated.
Cabinet greenlight
The ruling follows the Cabinet's decision in October 2022 to lift a decade-long ban on biotechnology foods.
As a result, the Cabinet approved the cultivation and importation of white GMO maize.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
"Cabinet considered a broad array of proposals touching on climate change adaptation," read part of a statement from State House.
With the ruling, traders approved by the National Biosafety Authority can import GMO-based animal fe'eds.
The government had initially enforced the ban on GMO imports in 2012 through a presidential decree by the late former President Mwai Kibaki.
The decree was based on recommendations from then-Minister for Public Health Beth Mugo, who cited a French study linking cancer in rats to the consumption of GM foods.
Kenya Medical Research Institute supported the study's findings.
In April 2022, the United States government protested Kenya's reluctance to lift the ban, with the Biden administration arguing that it restricted U.S. exports.
The safety of GMO crops remains a subject of ongoing debate.
