Naema Celestine 
By Derrick Wanjala
The High Court has allowed the Law Society of Kenya (LSK) to join the ongoing legal battle against the enforcement of the Seed and Plant Varieties Act.
This decision has been welcomed by proponents of indigenous farming and concerned farmers who fear the Act could undermine traditional agricultural practices.
The inclusion of the LSK follows a ruling by Justice James Rayola, who acknowledged the significance of the case. The Seed and Plant Varieties Act, which imposes criminal penalties on the sharing, sale, and exchange of unregistered seeds, has been a point of contention for many smallholder farmers and agricultural advocates.
Proponents of indigenous farming argue that the Act could lead to the erosion and loss of traditional seed varieties. These seeds, which have been propagated through borrowing and replanting for generations, are at risk of disappearing if the Act is strictly enforced.
“The Bible says that God has given us seed for food and God provides seed to the sower and food to people,” said one advocate. “If our seed is going to be controlled by someone else apart from God, we are concerned.”
The High Court’s decision to involve LSK in the case is seen as a significant step towards addressing these concerns. LSK now has 21 days to file its written submissions, joining other interested parties in the case.
The Biodiversity Association, another interested party, has also been granted 21 days to file its submissions. The submissions from both parties are expected to provide critical insights and arguments against the enforcement of the Act.
Justice Royola has scheduled the next mention of the case for October 23, 2024, to confirm compliance and to take highlight submissions from all parties involved. This timeline is crucial for ensuring that the case proceeds without unnecessary delays.
Farmers and advocates have been vocal about the high cost of certified seeds, which are often inaccessible to smallholder farmers. The Value Added Tax (VAT) on these seeds makes them even more expensive, exacerbating the financial burden on farmers.
“We have been asking the government to remove VAT on certified seeds to make them more affordable for farmers,” said a representative from the farming community. “The current prices are prohibitive and not sustainable for small-scale farmers.”
The Seed and Plant Varieties Act aims to regulate the seed industry by ensuring quality and uniformity. However, critics argue that it disproportionately favors large-scale commercial seed companies, overlooking the needs and contributions of smallholder farmers.
Smallholder farmers, who produce a significant portion of the country’s food, rely heavily on saved seeds that are well adapted to local conditions. These seeds have been selected and preserved over generations, ensuring resilience and sustainability in local farming practices.
The fear among farmers is that the strict enforcement of the Act will criminalize their traditional practices, leading to a loss of agricultural biodiversity and self-reliance. This could have far-reaching implications for food security in Kenya.
Advocates for indigenous farming emphasize the importance of preserving biocultural diversity. “Our agricultural practices are deeply connected to our cultural identity and heritage,” said one speaker. “We need policies that recognize and support this diversity.”
The ongoing legal battle has highlighted broader issues within Kenya’s agricultural sector. Farmers face numerous challenges, including limited access to resources, market volatility, and inadequate support from government policies.
One proposed solution is the establishment of a national seed bank to preserve and promote indigenous seed varieties. Such a bank would serve as a valuable resource for future generations and help protect the country’s agricultural heritage.
Investment in agricultural research and development is also crucial. “Research is essential for developing resilient and sustainable farming practices,” noted an attendee at the forum. “We need more funding and support for research institutions focused on the needs of smallholder farmers.”
Improving extension services is another critical step. These services provide farmers with technical assistance and information, helping them adopt new technologies and practices. “We need more trained extension officers who can work closely with farmers,” said a participant.
The legal challenge against the Seed and Plant Varieties Act is a reminder of the vital role that smallholder farmers play in Kenya’s agriculture. Their knowledge, experience, and dedication are essential for the country’s food security and agricultural development.
The involvement of LSK and other interested parties in the case brings hope that a more inclusive and consultative process will lead to policies that benefit all farmers. The review of the Act is seen as a critical step towards achieving this goal.
As the case progresses, the hope is that the government will listen to the voices of smallholder farmers and take their concerns into account. Ensuring that their traditional practices are respected and supported is key to creating a sustainable and equitable agricultural system.
Farmers continue to advocate for their rights, pushing for changes that will enable them to thrive. “We are resilient and resourceful,” said a farmer. “With the right support, we can overcome these challenges and continue to feed the nation.”
The case challenging the Seed and Plant Varieties Act is set to be a landmark moment in Kenya’s agricultural policy. It underscores the need for ongoing dialogue and collaboration between farmers, policymakers, and stakeholders to create a more just and sustainable future for agriculture in Kenya.
