The High Court of Kenya has given the way forward on several petitions challenging the lifting of the ban on genetically modified organisms-food (GMOs).
Petitioners had moved to the High Court after the Environment Court in 2023 dismissed a case challenging the importation of GMOs into the country, stating that no evidence was presented to show they are harmful to people.
The case had been filed by the Kenya Peasants League–a lobby group acting on behalf of peasant farmers.
The group moved to court over fears that the importation of GMO foods might be harmful to human health, animals, the environment and biodiversity after the Cabinet lifted a 10-year ban imposed on biotechnology foods in a dispatch in October 2022.
However, Justice Oscar Angote in October 2023 went on to rule that adequate public participation was achieved through a session at the Kenyatta International Convention Center (KICC) as well as a gazette notice.
According to the Environment Court, the petitioner made premature claims about the cultivation, importation, and exportation of GMO maize without a license because no evidence was provided.
“There is no evidence presented before the court by the petitioner to show that the fourth respondent is already engaged in food cultivation, processing import and export,” said Justice Angote back then.
This prompted several petitions at the Milimani High Court which have been dealt a blow after Justice Lawrence Mugambi on Thursday, November 7 dismissed them.
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High court ruling on importation of GMOs
Mugambi said the Environment and Land court dealt with the matter in 2023, ruling that the government had put in place safety measures to address the concerns raised by the petitioners.
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“In view of the above, the court hereby finds that the current petition is res judicata. The same is struck out the same with no orders as to costs,” Justice Mugambi said.
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This comes after Justice Oscar Angote in the 2023 ruling said the country had put in place robust biosafety regulatory framework, with inbuilt structures that must be met before the importation or cultivation of GMO crops.
The court stated that evidence presented in court demonstrated that Kenya has a strong framework governing the viability of GMOs and that the petitioner had not challenged the laws governing GMOs both internationally and domestically.
According to the court, Kenya has several institutions tasked with dealing with the GMO issue in its entirety, so it cannot be true that all would conspire to expose the population to a disaster.
“This court has not been shown any evidence that the respondents and institutions violated the laws and regulations on GMO foods, specifically the approval to release maize cultivation, importation, and exportation…. “I dismiss the petition,” added Justice Angote.
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