The High Court in Nairobi has temporarily barred the government from importing and subsequent distribution of the controversial Genetically Modified Organism (GMO) foods and crops in the country pending the hearing and determination of a case filed by the Kenyan Peasants League.
Further, Lady Justice Mugure Thande gagged the government from gazetting and acting on the Cabinet Memo that lifted the ban until the matter is dispensed.
By granting an injunction prohibiting the government from acting on the Cabinet dispatch, which lifted the ban on GMO, effectively, the court has stayed lifting of the ban.
“That pending the hearing and determination of this Application, this Honourable Court be pleased to issue an injunctive and/or conservatory Order prohibiting the Respondents herein either by themselves, their agents or through such other person acting under their instructions from gazetting or acting upon the contents of Dispatch from the Cabinet authored by the Executive Office of the President of Kenya, dated 03 October 2022 (“Cabinet’s Dispatch on GMO”), regarding the lifting of the ban on the genetically modified organisms (GMO crops) or gazetting other directive or decision similar to the said decision dated 03 October 2022.” The order reads in part.
“It is hereby ordered: that the petition and application be served upon all parties by close of business on Monday, November 28, 2022, that the responses be served by December 13, 2022.” Justice Thande ruled.
The case will be mentioned on December 15, 2022, for directions.
Lifting of the ban on genetically engineered foods by the cabinet without adequate public participation has faced growing rejection by the Azimio One Kenya Coalition led by Raila Odinga, lobby groups and farmers.
Raila is set to launch countrywide public foras on the matter beginning Wednesday at Kamukunji Grounds in Nairobi and replicate the same across the country.
The move is expected to heighten political tension between the government and the opposition amid fears of possible return of widespread mass protests.
Trade Cabinet Secretary Moses Kuria spark public debate on the matter following r his announcement that the country would allow the duty-free importation of 10 million bags of GMO maize.
The Cabinet had announced the resumption of GMO after a 10-year suspension.
The decision was made after a Cabinet meeting chaired by President Ruto in a bid to mitigate the ongoing drought.
According to Trade CS, the move was a progressive step towards increasing food security in the country.
Kuria also came under barrage of received immense criticism over his controversial remarks on admitting that GMO crops can lead to death.
“We have so many things that can kill us in the country. Being in this country, you are a candidate for death.” Kuria remarked.
“And because so many things compete for death, there is nothing wrong with adding GMOs to that list. That is why we have deliberately allowed GMO until we are satisfied that we have enough maize, the staple food,” he stated while addressing traders on November 17, 2022.