Court Of Appeal Stops Ruto Govt From Importing GMOs

"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 ruling was delivered by Justices Warsame Mohamed, Ali Arone and John Muting'a Mativo and found that the High Court was yet to determine a similar matter before it.

The three-judge bench also ordered that even though they declined to stay the orders based on the strict requirements set out in Rule 5(2)(b), they directed the intended appeal be listed for hearing on a priority basis.

"Conservatory orders, therefore, are not, unlike interlocutory injunctions, linked to such private-party issues as the prospects of irreparable harm occurring during the pendency of a case; or high probability of success in the supplicant’s case for orders of stay.

"Conservatory orders, consequently, should be granted on the inherent merit of a case, bearing in mind the public interest, the constitutional values, and the proportionate magnitudes, and priority levels attributable to the relevant causes," 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.

"That pending the hearing and determination of this Application, this Honourable Court be pleased to issue an injunctive and/or conservatory Order prohibiting the Respondents herein either by themselves, their agents or through such other person acting under their instructions from gazetting or acting upon the contents of Despatch from the Cabinet authored by the Executive Office of the President of Kenya, dated 03 October 2022 (“Cabinet’s Despatch on GMO”), regarding the lifting of the ban on the genetically modified organisms (GMO crops) or gazetting other directive or decision similar to the said decision dated 03 October 2022," read court orders seen by Viral Tea in part by Lady Justice Thande.

"That pending the hearing and determination of this Application, this Honourable Court be pleased to issue an injunctive and/or conservatory Order prohibiting the Respondents herein either by themselves, their agents or through such other person acting under their instructions from allowing/permitting the importation of the GMO crops and food into the Country."

The government was also barred from issuing any gazette notice related to the lifting of the ban on GMOs until the application is determined.

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.

Trade Cabinet Secretary Moses Kuria drew sharp criticism over his remarks on GMOs and a revelation by the CS that Cabinet had deliberately made a decision to allow imports.

"We have so many things that can kill us in the country. Being in this country, you are a candidate for death. 

"And because so many things compete for death, there is nothing wrong with adding GMOs to that list. That is why we have deliberately allowed GMO until we are satisfied that we have enough maize, the staple food," Kuria stated on Thursday, November 17, 2022.

Former Prime Minister, Raila Odinga led Kenyans in reprimanding CS Kuria's comments on Sunday, November 20, urging him to apologise to the people of Kenya.