The High Court has dismissed petitions challenging the lifting of the ban on genetically modified (GMO) foods. The court ruled that the issue had already been addressed by the Environment and Land Court in October last year.
Justice Lawrence Mugambi stated, “The court finds that the current petition is res judicata and hereby strikes it out with no orders as to costs.”
In its earlier ruling, the Environment Court dismissed a case filed by the Kenya Peasants League, a lobby group representing peasant farmers, who had challenged GMO imports. The court concluded that the petitioners failed to provide sufficient evidence proving that GMOs are harmful to people.
Justice Oscar Angote, who presided over the case, ruled that adequate public participation had taken place, citing a session held at the Kenyatta International Conference Centre (KICC) and a gazette notice as part of the process.
The court also noted that the petitioner had made premature claims regarding the cultivation, importation, and exportation of GMO maize without proper licensing, but no supporting evidence was provided.
“The respondent is already engaged in food cultivation, processing, import, and export…” Justice Angote noted.
Additionally, the court pointed out that the petitioner had not challenged the international or domestic laws governing GMOs. Evidence presented in court demonstrated that Kenya has a robust framework regulating GMO viability.
“Evidence before me has shown that the country has put in place a strong framework with inbuilt structures that must be met before considering the use of GMOs,” Justice Angote stated. He added that the International Biosafety Authority can assess food safety.
The court further emphasized that Kenya has multiple institutions in place to handle GMO-related matters, making it unlikely that all these bodies would conspire to expose the population to a disaster.
“I dismiss the petition,” Justice Angote concluded.
