Kenyan Court Delivers Historic Win for Farmers: “Sharing Seeds Is Not a Crime”

By James Nyaigoti

Kenya has made legal history after the High Court delivered a groundbreaking ruling affirming that farmers have the constitutional right to save, share, and exchange indigenous seeds without fear of criminalisation.

The decision strikes down punitive sections of the Seed and Plant Varieties Act, marking a major victory for food sovereignty, climate justice, and farmer autonomy.

For decades, smallholder farmers who produce most of the country's food have faced the threat of fines of up to KSh1 million and jail terms of up to two years for selling or exchanging seeds that were not officially registered. Critics argued that the law handed sweeping control of Kenya’s food system to multinational seed companies, sidelining indigenous knowledge and community-based farming traditions.

Today’s landmark ruling dismantles that monopoly by recognising Farmer-Managed Seed Systems (FMSS) as a protected right under the Constitution.

Samuel Wathome, a smallholder farmer and the first petitioner in the case, said the verdict restores a generational heritage that had been slipping away.

“I have waited years to hear these words,” he said. “My grandmother saved seeds, and today the court has said I can do the same for my grandchildren without fear of police or prison. Today, the farmer is king again.”

Environmental and food justice advocates hailed the decision as a turning point.

Greenpeace Africa Food Campaigner Elizabeth Atieno welcomed the judgment as a liberation for farmers.

“Today, the shackles have been removed from Kenya’s farmers,” she said. “Seed is sovereign. This is not just a legal win it is a victory for our culture, our resilience, and our future. The court has struck a blow against the corporate capture of our food system.”

From the biodiversity sector, Gideon Muya of the Biodiversity and Biosafety Association of Kenya emphasised the ecological importance of indigenous seeds.

“This judgment is a shield for our biodiversity,” he said. “Indigenous seeds are the library of life. They carry the genetic diversity we need for droughts, pests, and a changing climate. The court has recognised that nature’s heritage cannot be patented.”

Agroecologist Claire Nasike described the ruling as a reaffirmation of farmers’ sovereignty over the foundation of life itself.

“Seed is life, and whoever controls it controls the lifeline of a generation,” she said. “It is a delight that the right to save, share, and exchange seeds has been returned to the rightful custodians Kenyan farmers.”

In her detailed ruling, Justice Rhoda Rutto struck out provisions of the law that:

gave seed inspectors sweeping powers to raid farmer seed banks and seize stored seeds;

criminalised processing or selling seeds unless registered as a seed merchant;

granted extensive rights to plant breeders while offering none to farmers; and

prohibited farmers from saving or sharing seeds from their own harvests without approval from seed owners.

The Law Society of Kenya, which supported the petition, lauded the judgment.

Legal counsel Wambugu Wanjohi noted: “The court has correctly interpreted the Constitution to affirm that farmers’ rights supersede restrictive, commercially driven laws. This ruling sets a powerful precedent not only for Kenya but for the entire African continent.”

Greenpeace Africa and its partners are now calling on the Ministry of Agriculture to urgently implement policies that align with the ruling, including formal recognition and support for Farmer-Managed Seed Systems.