A group of Kenyan farmers has filed a lawsuit challenging a 2012 law that prohibits seed sharing, arguing it has hindered efforts to strengthen the country’s agricultural system. Under the law, unauthorized seed sharing is punishable by up to two years in prison or a fine.
The case comes as Kenya’s National Seed Bank, which preserves over 50,000 seed varieties, plays a crucial role in safeguarding traditional crops amid climate change-driven losses. Founded in 1988, the facility protects seeds for research and potential reintroduction to farms.
“We realize that some of the traditional varieties we abandoned are actually more resilient to climate change,” said Desterio Nyamongo, director of the Genetic Resources Research Institute, which oversees the seed bank. “In marginal areas, these seeds outperform improved varieties and are proving useful to farmers.”
Among those contesting the law is Francis Ngiri, an organic farmer who saves and plants indigenous seeds. “I practice agroecology—farming without chemicals,” Ngiri said.
Nyamongo emphasized that traditional seeds offer a solution for farmers struggling to afford fertilizers required for hybrid crops. “It would be wrong to think using indigenous seeds is backward,” he said. “Some of these varieties have adapted to local conditions and are more resilient.”
With climate change threatening food security, farmers argue that the right to exchange and preserve traditional seeds is critical to sustaining agriculture in marginalized regions. The case is now before the courts.