Kenyan Court Upholds Farmers’ Right to Share Indigenous Seeds

A landmark ruling restores small-scale farmers’ long-standing freedom to save and exchange traditional seeds, reshaping the balance between local practices and commercial seed regulations.

Small-scale farmers across Kenya celebrated a significant legal victory after the High Court ruled that they can continue the long-standing tradition of saving and sharing indigenous seeds without facing criminal penalties.

The decision brought renewed hope to rural communities that have relied on these practices for generations, strengthening their ability to grow crops suited to local climates and cultural knowledge.

The case centred on provisions within the 2012 Seed and Plant Varieties Act, which previously imposed fines or jail terms on anyone who saved uncertified seeds and shared or sold them to fellow farmers.

Many smallholders argued that the law placed disproportionate restrictions on communities that have preserved seed varieties vital for resilience, biodiversity, and food security.

Farmers gathered in different parts of the country to watch the ruling as it was delivered, with many expressing relief that the court had acknowledged the value of indigenous agricultural traditions.

One farmer said the decision would allow communities to continue planting seeds that have been part of their heritage for decades and have proven more adaptable to drought and shifting weather patterns.

The court’s judgment stated that the law unfairly treated traditional farmers and large commercial seed producers differently, creating an imbalance in the rights granted to both groups.

By granting expansive proprietary protections to plant breeders while limiting traditional seed practices, the legislation had tilted too heavily toward industrial agriculture.

A lawyer representing the petitioning farmers explained that the ruling restored fairness by recognising that seed sharing is not merely an economic activity but a cultural and ecological practice embedded within rural life.

He noted that farmers depend on seed exchange networks not only for affordability but also for access to varieties better suited to local soils, climates, and growing conditions.

The case originated in 2022 when a group of farmers filed a petition asking the High Court to declare parts of the Seed and Plant Varieties Act unconstitutional.

They argued that punishing smallholder communities for saving or sharing seeds undermined traditional knowledge systems and threatened long-term food independence.

Campaign organisations that supported the case welcomed the decision as a step forward for what they describe as “food sovereignty,” emphasising that communities must maintain control over their means of production.

Activists said the ruling reinforces the idea that agricultural policies should protect biodiversity and long-term sustainability rather than prioritising purely commercial interests.

Representatives from civil society groups added that indigenous seeds often carry qualities that make them more suitable for Kenya’s increasingly unpredictable climate, especially in regions facing prolonged dry seasons.

These seeds, they argued, have been improved over generations by farmers who understand local environments better than commercial entities producing uniform hybrid varieties.

Supporters of the ruling said it also strengthens efforts to preserve Kenya’s diverse seed heritage, which includes maize, beans, sorghum, millet, and numerous traditional vegetables passed down through families.

Without legal protection, many feared these varieties could disappear, replaced by commercial alternatives that are expensive and sometimes poorly suited to rural conditions.

While government agencies responsible for seed quality have previously argued that regulation is necessary to maintain standards and support higher crop yields, critics say this approach must be balanced with the realities of smallholder farming.

They stress that oversight should not become a barrier that criminalises practices that have sustained communities for centuries.

The ruling is expected to influence broader discussions on agricultural policy across East Africa, where many countries face similar debates over traditional seed practices versus commercial seed regulation.

As governments consider strategies for food security, the Kenyan decision may serve as a reference point for how to support both innovation and tradition.

Farmers’ groups say the judgment does not eliminate the need for ongoing dialogue between authorities, breeders, and rural communities to ensure that agricultural laws remain fair and inclusive.

They believe future policy can integrate both certified seed systems and indigenous practices in a way that strengthens resilience and national food stability.

For now, many smallholders see the ruling as a crucial affirmation of their right to preserve and exchange seeds that have formed the backbone of local agriculture for generations.

They hope the decision will help protect their livelihoods while ensuring that Kenya’s rich agricultural heritage continues to thrive for years to come.