The state has suffered a major setback after the court of appeal stopped the government from importing of genetically modified (GMO) crops and food into the country pending an appeal by the Kenyan Peasants League challenging it.
The judges ruled that they were pursuaded and in the circumstances of the case and given what was at stake, the precautionary principle militates in favor of granting conservatory orders during the pendency of the appeal.
In the appeal, the Kenya League Peasant ‘s lawyer Kevin Oriri challenged the High Court’s decision to lift the GMO ban, arguing that it was done without due consideration of scientific evidence highlighting potential health and environmental risks.
“The State plans to proceed with importing and distributing genetically modified foods, with GMO maize set for release into the Kenyan market almost immediately if preservatory orders are not granted,” he stated.
However, the state had told the court that the appeal would not be rendered nugatory, as Kenya has a comprehensive legal and institutional framework** to regulate the cultivation and importation of GMOs. They argued that any introduction of GMOs would undergo rigorous assessment by institutions established under Kenya’s legal framework.
