Kenya’s Landmark Seed Ruling: Why it Matters and What It Means for Seed and Food Sovereignty

The High Court in Kenya has declared sections of the country’s Seed and Plant Varieties Act unconstitutional. This section of the law criminalised farmers for saving, sharing or exchanging unregistered seeds. 

For decades, Kenya favoured commercial breeders and formal seed companies. In 2016, amendments to the Seed and Plant Varieties Act introduced costly registration requirements and imposed penalties of up to KES 1,000,000 or jail terms for anyone handling uncertified seed. This effectively made the informal seed systems used for generations by the majority of Kenyan farmers, particularly smallholders who sustained Kenya’s agriculture and food security, illegal. 

Justice Rhoda Rutto’s ruling now changes that.  

By finding these unlawful conditions unconstitutional,  

She  reaffirmed that farmers’ traditional seed practices carry constitutional weight and cannot be subordinated to commercial interests. Consequently, she found the ACT unlawful conditions unconstitutional. 

The judgement effectively decriminalises farmer-managed seed systems (FMSS), which continue to supply the bulk of seed varieties used for food crops in rural Kenya. 

Why This Case Hit a Nerve 

Seed laws are often portrayed as technical and administrative, but for smallholder farmers, they touch on survival, dignity and cultural identity. In Kenya, most rural families do not buy certified seed each season, many of them too poor to afford them. Instead, they rely on varieties saved over the years, exchanged with neighbours, or bought from community markets.  

These seeds are adapted to local soils, pests and local climate, making them suitable as the continent becomes increasingly prone to climate-induced extreme weather events. 

The amendments introduced from 2012 onwards were meant to align Kenya with the International Convention for the Protection of New Varieties of Plants (UPOV 1991). 

However, the shift towards UPOV seed regulation has been controversial across the continent. Critics argue that these frameworks prioritise uniform, commercial seeds over farmer-bred diversity. They further argue that creating legal barriers can easily criminalise long-standing agricultural traditions. Kenya’s experience shows this tension clearly. A law originally meant to modernise agriculture ended up policing practices that are fundamental to national food production. 

A Long History of State Control Over Seeds 

But Kenya's seed sector was not restricted overnight. The regulations stem from colonial policies, when locals were not allowed to farm indigenous food crops but forced to grow commercial crop varieties for export. Post-independence, Kenya continued to push national plans and seed policies through regulation, intellectual property rights and alignment with global markets. 

For the most part, farmers were never at the table during these discussions. The farmers who brought this petition to court stepped directly into this gap. 

This Ruling Matters for Seed Sovereignty 

Seed sovereignty is a principle that empowers farmers to control their own seeds and seed systems. This gives them control over what they grow, save, exchange and breed. Seed sovereignty and food sovereignty are inseparable. Both define food systems that respond to the needs and priorities of communities rather than outside interests.  

The Court’s judgment strengthens both. 

What this ruling means going forward 

1. It reaffirms that sharing, exchanging and saving seed is not a criminal act. This is a cultural and economic practice protected by the Constitution. 

2. Farmer-managed seed systems are living repositories of genetic diversity. Legal protection of these systems helps preserve resilience against pests, diseases and climate shocks. 

3. It reduces dependency on multinational corporations. 

4. The ruling aligns national law with international rights instruments, including the UN Declaration on the Rights of Peasants, which affirms farmers’ rights to use and exchange seed. It is a reminder that seed regulation must be compatible with human rights standards. 

Why This Matters for Kenya’s Food System 

The right to seed supports the right to food. Without access to adaptable and affordable seeds, food sovereignty becomes impossible. Kenya’s path to food sovereignty cannot rely solely on imported seeds. We must recognise and protect the scientific, cultural and economic value embedded in farmer-led seed practices. 

The Bigger Picture 

Globally, the debate on seed policy provides a moment for deep reflection: should food systems be built on corporate ownership or community control? Justice Rutto’s decision places Kenya firmly on the side of the latter. 

The ruling acknowledges that seeds are part of our cultural heritage, ecological assets and the foundation of national food security. Rather than reject commercial seed systems, the judgment restores balance in an area that had tilted too far in one direction. 

So, as Kenya moves forward, the challenge now is to introduce seed policies that recognise farmers as custodians of the country's genetic resources. As such, farmer-managed seed systems must be protected to build the resilience, sovereignty and security of our food future. 

This is a major score for not just Kenyan farmers, but for all smallholders in Africa and the Global South.