“Seed Freedom Wins”: Kenyan Court Ends Criminalisation of Saving and Sharing Seeds
By Peace Muthoka.
Kenya has entered a new chapter in food sovereignty after the High Court declared that saving and sharing indigenous seeds is a constitutional right. The ruling ended years of fear and restored to farmers the freedom their ancestors enjoyed.
The judgment struck out sections of the Seed and Plant Varieties Act that punished farmers for exchanging unregistered seeds. These harsh clauses had threatened them with heavy fines and jail terms. Today, those restrictions fell, and farmers reclaimed full power over their traditional seed systems.
This victory protects Farmer-Managed Seed Systems and weakens the grip of multinational seed corporations that had long pushed for tighter commercial control. With the ruling, Kenya has sent a bold message across the world seed belongs to the people.
Lead petitioner Samuel Wathome said the verdict marked the end of years of struggle.
“I have waited so long for this,” he said. “My grandmother saved seeds, and now I can pass the same gift to my grandchildren. Today feels like freedom. Today, the farmer is king again.”
Greenpeace Africa celebrated the ruling as a breakthrough for justice. Food Campaigner Elizabeth Atieno said the decision restored dignity to millions of smallholder farmers.
“The shackles are finally off,” she said. “Seed is sovereign. The court has defended our future, our culture, and our resilience. Feeding your community with local seeds is no longer treated as a crime.”
Environmental groups also hailed the judgment as a lifeline for biodiversity.
According to Gideon Muya of the Biodiversity and Biosafety Association of Kenya, indigenous seeds hold the secrets of survival.
“These seeds are nature’s library,” he said. “They help us fight drought, pests, and climate shocks. The court has reminded the country that you cannot privatise heritage.”
Agroecologist Claire Nasike called the ruling a return of power to the rightful custodians.
“Seed is life,” she said. “Whoever controls seed controls the future. Today, farmers have taken that power back.”
Justice Rhoda Rutto’s ruling removed clauses that gave seed inspectors room to raid seed banks, confiscate indigenous varieties, and punish farmers who shared seeds from their own harvest. She said the law had tilted unfairly towards commercial breeders while denying farmers their constitutional freedoms.
The Law Society of Kenya, which backed the petition, praised the decision.
“Farmers’ rights come first,” said counsel Wambugu Wanjohi. “This ruling sets a strong precedent for Kenya and the entire African continent.” Across rural Kenya, the ruling sparked deep emotion.
Veteran farmer Veronica Kibuino from Baringo said farmers had carried the weight of the law for too long. “We felt punished for following our culture,” she said. “A farmer should never fear sharing seed. These seeds help our soils, feed our families, and survive drought. Today, we got our dignity back.”
She urged the government to listen more to farmers. “These seeds feed the nation. Protect them and protect us.”
Following the ruling, Greenpeace Africa and its partners now want the Ministry of Agriculture to align national policies with the judgment and formally support Farmer-Managed Seed Systems.
As celebrations rang out across villages and farming communities, one message stood out clearly: Kenya has restored seed freedom and with it, the power of farmers to shape their own future.
