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Small-scale farmers across Kenya broke into song and celebration on Thursday after a major court ruling protected their long-standing tradition of saving and sharing local seeds. The High Court declared that the section of the law restricting these practices was unconstitutional — a decision many farmers say restores their dignity and control over their own livelihoods.
For years, farmers like Samuel Kioko have depended on local seeds that have been passed down through generations. These seeds are familiar to them, grow well in their regions, and can withstand harsh conditions such as drought. Kioko, who was following the court proceedings online from Nairobi, described the ruling as a “great victory,” saying that being allowed to keep using traditional seeds brings a sense of relief and stability. He explained that these seeds are more than just planting material — they represent cultural knowledge, family history, and the resilience of local farming communities.
The legal battle centered on Kenya’s 2012 Seed and Plant Varieties Act. Under this law, farmers who saved seeds from their own harvests and later sold or exchanged them without certification faced the risk of fines or even imprisonment. The Kenya Plant Health Inspectorate Service had argued that these rules were necessary to ensure quality, protect farmers from poor-quality seeds, and promote higher yields. However, many small-scale farmers felt the requirements were unfair and targeted local seed systems that millions of rural households depend on.
In 2022, a group of farmers from different parts of the country filed a petition challenging the law. They argued that the penalties were too harsh, and that the legislation favored commercial seed companies over traditional farming practices. Their concern was that criminalizing local seed exchange would force farmers to rely on expensive commercial seeds, limit their freedom to choose what to plant, and ultimately undermine Kenya’s rich agricultural biodiversity.
This week, the court agreed with the farmers. According to Wambugu Wanjohi, a lawyer from the Law Society of Kenya who represented the petitioners, the court found that the law placed farmers and commercial seed producers on unequal footing. While the Act gave strong proprietary rights to plant breeders and companies, it did not offer any similar protection or recognition to the farmers who have nurtured and preserved indigenous seed varieties for generations. Wanjohi said the ruling acknowledges that the law had tipped the balance in favor of large agribusinesses at the expense of farmers’ rights and traditions.
The decision has been widely welcomed by advocacy groups, including Greenpeace, which called it an important win for “food sovereignty.” In their response to the ruling, the organization said the verdict reaffirms that farmers should have the freedom to save, use, exchange, and develop seeds without facing punishment. They highlighted that this right is not only essential for local communities but also contributes to global efforts to protect agricultural diversity and strengthen grassroots food systems.
For many Kenyan farmers, the ruling restores more than just a legal right — it reinforces their sense of independence in a rapidly changing agricultural landscape. Local seed sharing is deeply tied to community culture and survival, especially in rural areas where certified seeds may be costly or inaccessible. By recognizing this practice as lawful and legitimate, the court has supported a farming tradition that has sustained Kenyan families for generations.
The ruling also signals a shift in how agricultural laws can balance commercial interests with the well-being of local communities. It challenges policymakers to create regulations that encourage fair competition, promote innovation, and still respect the knowledge and needs of smallholder farmers. As celebrations continue in farming villages, many hope the verdict will lead to more inclusive policies and stronger protection for traditional agricultural practices in the future.