The government of Kenya through the National Biosafety Authority (NBA) has warned dealers of genetically modified organisms (GMO) days after a landmark ruling by the High Court.
In a notice on Tuesday, November 26, the Authority noted that it is an offence under Section 52 of the Biosafety Act for any person to deal in GMOs or their derived products without the written approval of the Authority.
This follows a High Court ruling on GMOs and their derived products, which was delivered on Thursday, November 7, 2024. The ruling reaffirmed the Cabinet’s decision of 3 October 2022 that Kenya has a robust legal, regulatory, and institutional framework to regulate GMOs.
“Under the High Court ruling, the Authority draws the attention of persons wishing to deal in GMO products to the provisions of Biosafety Act, 2009 Sections 18, 19, 20, 21, 22, 23 and 50 and the Regulations made thereunder which require such persons to make applications to the Authority for approval to deal with the said products. Details of the application procedures, including application forms, can be accessed at www.biosafetykenya. Go.ke as well as the E-citizen platform,” the NBA statement read in part.
Furthermore, the Authority affirmed to Kenyans that following the Court’s verdict, it shall discharge its mandate of ensuring the safety of human, and animal health and protection of the environment in accordance with the Biosafety Act.
Also Raed: Court Gives Way Forward on Importation of GMOs in Kenya
High Court Ruling on Importation of GMO
In 2023, the Environment Court dismissed a case that sought to challenge the importation of GMOs in the country. The Environment Court stated that no evidence was presented to show they are harmful to people. The dismissal made the petitioners move to the High Court where they filed the case.
Consequently, the case was filed by the Kenya Peasants League–a lobby group acting on behalf of peasant farmers.
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Moreover, the group approached the court, concerned that the importation of GMO foods could pose risks to human health, animals, the environment, and biodiversity, following the Cabinet’s decision to lift a 10-year ban on biotechnology foods in October 2022.
As such, Justice Mugambi, the High Court judge on Thursday, November 7, dismissed several petitions challenging the lifting of the ban on genetically modified organisms (GMO) food.
Also Read: Win for Ruto as Court Allows GMO Maize in the Market
National Biosafety Authority
The National Biosafety Authority is a State Corporation established under section 5 of the Biosafety Act, No. 2 of 2009 to exercise general supervision and control over the transfer.
Additionally, it supervises the handling and use of genetically modified organisms (GMOs) to ensure the safety of human and animal health and the provision of an adequate level of protection of the environment.
The Authority is also the National Focal for implementing the Cartagena Protocol on Biosafety.
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