Court Dismisses Petitions Challenging Ruling On Importing GMOs
Petitioners had moved to Court after the Environment Court in October 2023 dismissed a case challenging the importation of GMOs into the country
Viral Tea Ke Writer 
The High Court has dismissed several petitions that sought to challenge lifting the ban on releasing and planting Genetically modified crops (GMOs) maize in Kenya.
Justice Lawrence Mugambi of the High Court on Thursday, November 7 dismissed petitions challenging the 2022 lifting of the ban on genetically modified organisms (GMO). In his ruling, Justice Mugambi noted that the Environment and Land Court (ELC) dealt with the matter in 2023 as part of a suit filed by the Law Society of Kenya (LSK).
“In view of the above, the court hereby finds that the current petition is res judicata. The same is struck out the same with no orders as to costs,” Justice Mugambi ruled.
Petitioners had moved to Court after the Environment Court in October 2023 dismissed a case challenging the importation of GMOs into the country citing a lack of evidence indicating that the use of GMOs causes harm to human health or the environment.
The Milimani Law Courts in Nairobi. /FILE
Justice Oscar Angote had ruled that adequate public participation was achieved through a session at the Kenyatta International Convention Centre (KICC) as well as a gazette notice.
According to the court, the petitioner made premature claims about the cultivation, importation, and exportation of GMO maize without a license because no evidence was provided.
“There is no evidence presented before the court by the petitioner to show that the fourth respondent is already engaged in food cultivation, processing import and export,” Justice Angote determined.
The use of GMOs had 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 January 4, 2023, Ruto named the likes of South Africa, the United States (US) and other countries that have consumed it and 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 May 25, 2023, 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.
