Kenyan Court Rules Seed-Sharing Legal in Landmark Victory for Farmers

Kenya, 27 November 2025 - The High Court on Thursday delivered a verdict that resonated far beyond the courtroom in Machakos: the practice of saving, sharing and exchanging indigenous seeds, a tradition passed down for generations, is no longer criminal.

In a landmark judgment, key punitive provisions of the Seed and Plant Varieties Act were struck down, freeing millions of smallholder farmers from the threat of prison or fines for practising what is now recognised as their constitutional right to food, culture and survival.

The law had prohibited farmers from using or exchanging unregistered and uncertified seeds, criminalising a deeply rooted tradition. Under its provisions, farmers caught sharing or selling such seeds faced up to two years in jail or penalties reaching Sh 1 million.

But Justice Rhoda Rutto ruled that those sections of the Act violated constitutional protections, affirming that indigenous seed-sharing systems, known as Farmer-Managed Seed Systems (FMSS), will be safeguarded under the law.

For the lead petitioner, Samuel Wathome, the decision was deeply personal.

“I have waited years to hear these words. My grandmother saved seeds, and today the court has said I can do the same for my grandchildren without fear of police or prison. Today, the farmer is king again.”

For civil-society advocates, the ruling represents more than legal victory, it is a reclaiming of heritage, rights and resilience.

“Today, the shackles have been removed from Kenya’s farmers,” said Elizabeth Atieno of Greenpeace Africa. “Seed is sovereign. By validating indigenous seeds, the court has struck a blow against the corporate capture of our food system.”

Agro-ecologist and biodiversity advocate Gideon Muya of BIBA emphasised the environmental importance of the verdict.

“Indigenous seeds are the library of life, they hold the genetic diversity we need to withstand droughts, pests, and a changing climate.”