The Environment Court has dismissed a case challenging the release and planting of Genetically Modified Organisms (GMO) maize into the country.
Justice Oscar Angote struck out the petition filed by the Law Society of Kenya, stating that they did not present evidence to show that using GMOs causes harm to human health or the environment.
“This court has not been shown any evidence that the government has breached the laws, guidelines, or regulations pertaining to GMO food and particularly the approval of their release, the environment, cultivation, importation and exportation of the maize. For those reasons, l dismissed the petition dated January 16, 2023,” Justice Angote ruled.
While dismissing the case, Justice Angote also found that adequate public participation was achieved through a session at the KICC as well as a gazette notice.
He also stated that the petitioner had not challenged the laws governing GMOs both internationally and domestically, and that evidence presented in court demonstrated that Kenya has a strong framework governing the viability of GMOs.
“The framework has been set up for the evaluation of GMO foods to humans. Evidence before the court shows that the international biosafety authority has the capacity to check on food assessment….,” the judge ruled.
Justice Angote also noted that evidence placed before him shows that the country has put in place a robust framework with inbuilt structures which must be met before they consider the use of GMOs.
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(Bayer East Africa) is already engaged in food cultivation, processing import and export,” Justice Angote stated.
He stated that Kenya has several institutions tasked with dealing with the GMO issue in its entirety, so it cannot be true that all would conspire to expose the population to a disaster.
LSK had moved to court after being aggrieved with the Executive decision to lift the ban on GMO imports into the country and sought orders to maintain the 2012 ban on GM Crops and animal feed.
They stated that the Government should tighten biosafety regulations to protect citizens against health risks associated with the consumption of GM crops.
The League had argued that lifting the ban on the cultivation within and importation of foods and animal feeds that are produced from genetically modified seeds and other organisms is unconstitutional, as it threatens the right of access to information, the right to food of acceptable quality as well as consumer protection rights.
They argued that the Cabinet, in making this decision, effectively lifted the ban on all necessary restrictions and control measures that were put in place to protect indigenous seeds and other indigenous genetic resources, and as such actually threatens food security in the country.
