Nairobi — Kenyan farmers can now sell, save, or exchange unregistered seeds after the High Court declared sections of the Seed and Plant Varieties Act unconstitutional.

Justice Rhoda Rutto ruled that provisions criminalising the processing, sharing, or sale of unregistered seeds violated farmers' traditional rights, noting that these protections outweigh commercial seed interests.

The nullified sections had given inspectors broad powers to raid seed banks, restricted farmers from saving seed without notifying breeders, and limited seed handling to registered merchants.

The judgment effectively decriminalises long-standing Farmer-Managed Seed Systems (FMSS), which are widely used across rural communities.

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For years, farmers risked fines of up to Sh1 million or two-year jail terms for exchanging unregistered seeds -- measures critics said unfairly strengthened commercial seed companies at the expense of smallholders.

Samuel Wathome, the lead petitioner, welcomed the ruling, saying it restores farmers' autonomy over indigenous varieties. Other stakeholders, including Greenpeace Africa and biodiversity advocates, said the decision protects local seed diversity and strengthens climate resilience.

Experts also argued that recognising farmers' seed rights is key to preserving genetic resources essential for food security.

The ruling is expected to influence future policy reforms on seed regulation and farmers' rights in Kenya.