Court Allows Planting Of GMO Maize In Kenya

The Environment Court has dismissed a case challenging the release and planting of Genetically modified crops (GMOs) maize in Kenya.

In its ruling, the Court cited a lack of evidence indicating that the use of GMOs causes harm to human health or the environment.

The use of GMOs has been stirring debate in the past on whether it was safe for consumption after President William Ruto's administration lifted the ban on GMO imports into the country.

Following the decision, Ruto assured Kenyans that the genetically modified products did not pose any health effects, saying that he would not endanger Kenyans' lives.

Speaking during a joint media interview with journalists from Kenyan mainstream media houses at State House in Nairobi on Wednesday, January 4, Ruto named the likes of South Africa, the United States (US) and other countries that have consumed it and have not cited nationwide problems on their end.

Ruto went on to give his own hilarious take on how he consumed GMO foods and turned out a normal human being, contrary to claims peddled by some politicians that the foods would alter body features.

"I want to explain to Kenyans that the food we have been vouching for all these years, already has GMO. As a leader of the country, I cannot endanger the lives of Kenyans who voted for me, I'm a scientist.

"Every scientist in Kenya agrees that GMOs are safe. Have you heard of anyone who has grown horns in South Africa because they have eaten GMOs? I have eaten GMOs, have I grown breasts?" he said.

However, the move led to sharp opposition from Civil Society groups among others who went to court seeking to reverse Ruto's orders.

On Thursday, May 25, the Court of Appeal barred the Kenya Kwanza government from importing the GMOs after it found no merit in the case, which the Office of the Attorney General argued in favour of the State.

The court in its view held that the matter was of serious public interest and faulted the government for making such decisions without looking at the burning concerns raised.

"The public interest test was not meant to stand alone or replace either of the two tests. In our opinion, the Supreme Court introducing the public interest consideration did not dislodge the other considerations.

"See in Law Society of Kenya v Bloggers Association of Kenya & 6 Others (2020) eKLR. In the end, we find no merit in the application as the applicants did not satisfy us on all three limbs," read part of the ruling.

The High Court on November 28, 2022, stopped Ruto's government from importing the GMOs pending the hearing and determination of a case filed by the Kenyan Peasants League.

The petitioners had opposed the importation, cultivation and consumption of GMO crops and food arguing that they posed a deadly health hazard to Kenyans, particularly the poor and those of low income.

On December 23, 2022, Attorney General Justin Muturi moved to the Court of Appeal seeking orders to overturn the ban on GMOs.

The government had argued that the ban was unlawful and would endanger food security. The government also argued that the ban was based on outdated information and that there is no scientific evidence to support the claims that GMOs are harmful.

Arguments in favour of GMOs had claimed that the importation could help address food insecurity as well as increase crop yields and that the GMOs could be engineered to be resistant to pests and diseases, which can reduce the use of pesticides and herbicides.

The government had also argued that GMOs can be engineered to have improved nutritional content, which can improve public health.