Kenya's High Court Rules in Favor of Smallholder Farmers and Indigenous Seeds

The landmark ruling secures farmers' right to save, share, and exchange indigenous seeds, by decriminalizing it and safeguarding traditional farming heritage.

In a historic judgment, Kenya's High Court on November 27, 2025, declared the Seed and Plant Varieties Act unconstitutional, delivering a significant victory for smallholder farmers and advocates of food sovereignty across the country. The case, filed in 2022 by fifteen smallholder farmers from various regions of Kenya, challenged provisions in the law that criminalized the long-standing tradition of saving, sharing, and exchanging indigenous seeds, practices at the heart of Kenyan agriculture for generations.

The lawsuit was supported by civil society organizations, including Greenpeace Africa, the Seed Savers Network, and the Biodiversity and Biosafety Association of Kenya (BIBA). It was argued that the Act imposed unfair restrictions on informal seed systems, which form the backbone of smallholder farming, and disproportionately penalized farmers who rely on indigenous seeds for sustenance and livelihood.

Under the law, farmers risked fines of up to KSh 1 million (USD 7,734) or two years in prison for participating in informal seed exchanges. The legislation also granted breeders exclusive economic rights over seed production, sale, and exchange, effectively restricting farmers to commercial seed markets and increasing their vulnerability to corporate control. Legal experts and activists argued that such provisions violated constitutional guarantees, including the rights to culture, non-discrimination, food security, and fair administrative action.

Hamisi Omolo, an ecological farming activist, described the ruling to Peoples Dispatch as "a wake-up call for farmers and grassroots activists to organize and strengthen structures that advance the struggle for land, food, and freedom." Omolo reiterated the importance of indigenous seeds, noting that "the culture of sharing seeds must continue, not only to preserve biodiversity but also to support herbal medicine and traditional knowledge that benefit entire communities."

The decision is a relief and expected to have an impact for food sovereignty and agricultural sustainability in Kenya. Smallholder farmers, who account for over 70% of agricultural production in the country, often rely on farmer-saved seeds adapted to local climates and conditions. By affirming their right to maintain and exchange these seeds, the court has reinforced the role of farmers as custodians of biodiversity and protectors of sustainable agricultural practices.

Grassroots and organizations fighting for food sovereignty welcomed the ruling, calling it a major step toward protecting farmers' rights and resisting corporate monopolies over seeds.

This decision empowers farmers to safeguard their seeds, culture, and livelihoods," Omolo added. "While it's only the start, it is a reminder that food sovereignty is not just about growing crops, it is about protecting our way of life, our traditions, and our future."

And the need for active engagement and organized campaign to ensure that future policies support, rather than undermine, the agricultural practices that sustain the livelihoods of so many Kenyans.

Read the original article on People's Dispatch.

Kenya's High Court Rules in Favor of Smallholder Farmers and Indigenous Seeds

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