Kenya's Biosafety Agency to Enforce GMO Regulations After Court Ruling

A maize farmer.

Kenya's National Biosafety Authority (NBA) has pledged to uphold strict oversight of genetically modified organisms (GMOs) after a High Court ruling reaffirmed the legality of the country's regulatory framework for these biotech crops.

The court ruling upheld a Cabinet decision from October 2022, which declared that Kenya has sufficient legal, regulatory, and institutional safeguards to manage GMOs.

The court's decision clears the path for regulated GMO activities in the country, including importation and commercial use.

The NBA, established under the Biosafety Act of 2009, stated that individuals and entities dealing in GMOs must adhere to the Act's provisions.

These include securing prior written approval from the authority, as stipulated in Sections 18 to 23 and Section 50 of the legislation. Violating these rules could lead to penalties under Section 52, which criminalises unauthorised GMO activities.

The authority urged stakeholders to access application procedures and forms through its website or the government's E-citizen platform to ensure compliance.

"We remain committed to ensuring the safety of human and animal health while protecting the environment in accordance with the Biosafety Act," the NBA said in response to the court's decision.

Kenya lifted its decade-long ban on GMOs in 2022 to address food security challenges exacerbated by drought and low agricultural yields.

While the move has faced opposition from some quarters, proponents argue it will boost productivity and reduce dependency on food imports.

The NBA serves as the national focal point for implementing the Cartagena Protocol on Biosafety, an international agreement promoting safe GMO practices.

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