Silverio Omari
The High Court has dismissed petitions challenging the removal of the ban on genetically modified (GMO) foods, citing that the matter was previously addressed by the Environment and Land Court last year.
Justice Lawrence Mugambi ruled, “The court finds the current petition to be res judicata and strikes it out with no orders as to costs.” Last October, the Environment and Land Court had dismissed a similar case, filed by the Kenya Peasants League, a lobby group for peasant farmers, which argued against GMO imports without sufficient evidence of harm.
How about owning land this holiday?
Justice Oscar Angote emphasized that there had been sufficient public participation through a session at KICC and a gazette notice. He noted that the petitioner’s concerns about the cultivation, importation, and exportation of GMO maize were premature, lacking evidence of unlawful activity by the respondent, who is involved in food cultivation, processing, import, and export.
Furthermore, Justice Angote highlighted that the petitioner had not contested the GMO-related legal framework domestically or internationally, and evidence demonstrated that Kenya has a robust regulatory system ensuring GMOs meet safety standards. He pointed out, “The evidence shows Kenya has set up a stringent framework with embedded structures that must be met before considering GMO use.”
Justice Angote added that the international biosafety authorities are capable of thorough assessments of GMO food safety, and Kenya has multiple institutions overseeing GMO regulation to prevent public harm. He concluded, “This court has seen no evidence of any violations by respondents or institutions concerning GMO laws and regulations, specifically regarding maize cultivation, importation, and exportation approval. I dismiss the petition.”
Dj Vnyash
