Editor's Review

Following the dismissal of the petition, the government can now implement its policies on the use and cultivation of GMO foods.


President William Ruto's administration received a major boost after the High Court in Nairobi dismissed petitions challenging the government's move to lift the ban on Genetically Modified Organisms (GMO) foods.

In a ruling issued by Justice Lawrence Mugambi on Thursday, November 7, it was noted that most of the issues raised in the petitions filed by lobby groups including the Kenya Peasants League had already been handled in a 2023 ruling issued by Judge Oscar Angote.

In particular, Mugambi highlighted that the safety and health concerns were matters handled in the 2023 ruling.

“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,” Mugambi ruled.

File image of Justice Lawrence Mugambi.

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The 2023 Ruling

In 2023, Justice Angote's ruling gave the green light for the implementation of the lifting of the ban on GMO foods in the country. He noted that there were institutions in the country mandated to guarantee the safety standards of the crops.

The judge highlighted that the National Biosafety Authority among other institutions would gatekeep on safety concerns.

"With all these institutions, save for NEMA which has not issued an EIA License, we should be confident that our health and environment are in good hands," the judge rules then

"It cannot be true that they have all conspired to expose the rest of the population to the calamities alluded to in the petition, at least not from the evidence on record."

What it Means Going Forward

Following the dismissal of the petition, the government can now implement its policies on the use and cultivation of GMO foods such as maize.

The lifting of the GMO products was done in 2022 by Ruto's Cabinet. At the time, it was explained that the lifting of the ban was done owing to the drought in parts of the country.

“Cabinet vacated its earlier decision of 8th November 2012 prohibiting the open cultivation of genetically modified crops and the importation of food crops and animal feeds produced through biotechnology innovations; effectively lifting the ban on Genetically Modified crops," read the Cabinet memo in part.