The High Court has dismissed petitions challenging the decision to lift the ban on genetically modified (GMO) foods, citing that the matter had previously been settled by the Environment and Land Court last year. Justice Lawrence Mugambi ruled that the petition was *res judicata*, meaning the issue had already been adjudicated, and dismissed it without costs.
The previous case, filed by the Kenya Peasants League—a group representing small-scale farmers—had aimed to block GMO imports. In October of the previous year, Justice Oscar Angote of the Environment Court dismissed the case, stating there was insufficient evidence to prove GMOs posed a health risk.
Justice Angote highlighted that public participation requirements were met through a session held at the Kenyatta International Convention Centre (KICC) and an official gazette notice. The court also noted that the petitioners’ concerns over GMO maize cultivation, importation, and exportation were premature, as no licenses had been issued for such activities.
Did you read this?
Furthermore, the court ruled that the petitioner had not disputed international or local regulations governing GMOs, and that Kenya has a rigorous framework for assessing the safety and viability of GMOs. "The evidence presented shows that Kenya has established a comprehensive framework with strict standards for evaluating GMO products," Justice Angote remarked. He added that the international biosafety authority has the capacity to assess GMO foods for safety.
Justice Angote also noted that Kenya has multiple institutions tasked with overseeing GMO regulation, which, he argued, made it unlikely they would collectively fail to protect public safety. “This court has seen no evidence indicating that the respondents or related institutions breached GMO food laws or regulations, specifically in regard to maize cultivation, importation, and exportation approvals. I hereby dismiss the petition,” concluded Justice Angote.
