A high court in Kenya on Thursday (November 28, 2025) 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.
Farmers in Kenya could face up to two years' imprisonment and a fine of one million Kenya shillings ($7,700) for sharing seeds through their community seed banks, according to a seed law signed in 2012.
Justice Rhoda Rutto on Thursday (November 28, 2025) said sections of the seed law that gave government officials powers to raid seed banks and seize seeds were also unconstitutional.
The law was introduced as a measure to curb the growing sale of counterfeit seeds that were causing losses in the agricultural sector, and gave sole seed trading rights to licensed companies.
The case had been filed by 15 smallholder farmers, who are members of community seed banks that have been in operation for years, preserving and sharing seeds among colleagues.
