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Kenyan court declares law banning seed sharing unconstitutional

The ruling protects smallholder farmers from penalties of up to 2 years imprisonment and fines of 1 million Kenya shillings for traditional seed sharing, affirming indigenous seed rights.

  • On Thursday, Justice Rhoda Rutto struck down key sections of a seed law as unconstitutional after a challenge by 15 smallholder farmers who run community seed banks.
  • A drive to stop counterfeit seeds led to a law granting exclusive rights to licensed seed companies, while food campaigners urged collaboration with farmers to preserve indigenous seeds amid Kenya's counterfeit seeds problem.
  • Penalties under the law included up to two years' imprisonment and a 1 million Kenya shillings fine, while indigenous seeds prized for drought resistance underpin community seed banks alongside the national seed bank near Nairobi.
  • The ruling prevents enforcement of provisions that criminalised traditional seed sharing, offering immediate legal protection to community seed banks and supporting smallholder farmers and campaigners.
  • By validating indigenous seeds, food campaigners including Greenpeace Africa say the ruling supports local resilience by protecting farmer-led seed conservation and community seed banks.
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The law made it practically impossible for small farmers to save, share, and sell seeds. The Kenyan Supreme Court declared the law partially unconstitutional.

·Netherlands
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Associated Press NewsAssociated Press News
+6 Reposted by 6 other sources
Lean Left

Kenyan court declares law banning seed sharing unconstitutional

A high court in Kenya has declared unconstitutional sections of a seed law that prevented farmers from sharing and selling indigenous seeds in what food campaigners have called a landmark win for food security.

·United States
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Barron's broke the news in New York, United States on Thursday, November 27, 2025.
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