KEPHIS opposes proposed law that would license second seed regulator
The amendment Bill, which is before the Senate, proposes the establishment of a system parallel to the existing one for seed registration through the Kenya Bureau of Standards
The Kenya Plant Health Inspectorate Service (KEPHIS) board has opposed proposed amendments proposed to the Plant and Seed Variety Act 2025, which would see the Kenya Bureau of Standards (KEBS) assigned the role of regulating seeds.
According to the KEPHIS Board chairman Joseph M’Eruaki, the introduction of Kenya Bureau of Standards (KEBS) as another regulator of seeds will cause confusion in the sector as it is solely established for that purpose.
“KEPHIS Board of Directors is also strongly opposed to the proposed Amendment of the Plant and Seed Varieties Act Bill that is before the Senate, because KEPHIS is the one responsible for regulating seeds. When you bring another regulator, that is KEBS, as proposed, you’ll confuse farmers, as they will not know where to go for quality seeds,” M’Eruaki stated.
M’Eruaki’s sentiments were echoed by KEPHIS Chief Executive Officer Theophilus Mutui, who urged that farmers to only go to them if they have seed problems.
“We would love farmers to know that if they have any seed problems, they should know who to ask or go to. When they ask KEPHIS, we can trace where it has come from and by which company. If it has issues, we follow up and see if it’s sorted,” Mutui said.
The amendment Bill, which is before the Senate, proposes the establishment of a system parallel to the existing one for seed registration through KEBS.
This comes even as farmers await a court decision in the landmark battle of seed sovereignty in November this year.
In May, Smallholder farmers expressed optimism after the final hearing of the case, as they have hoped the ruling would be made in their favor.
The farmers have maintained that they are the custodians of the seeds and have a right to fully protect them.
“As farmers, we have hopes of winning because we are the custodians of the seeds, and we have
the right to protect them because they are indigenous,” Beatrice Wangui, a group leader of a farmers’ group in Gilgil, Nakuru County, present during the hearing in Machakos, stated.
According to Justus Mwololo, the chairman of the Small Scale Farmers Forum, the submissions by the farmers have proved that they are rightful seed owners.
He added that the farmers hope their rights will be upheld in the November ruling.
“As far as the case is concerned, our submissions are very powerful, as we have given conclusive evidence that our seed rights are being violated. We expect that our rights are upheld and the seeds remain with us and not the multinational companies that want to take over. We are hopeful that the Court will give us the freedom that we are looking for,” Mwololo stated.
Explaining what the farmer’s term as punitive law, the Law Society of Kenya lawyer Wambugu Wanjohi, who was enjoined in the case last year, said the SPVA 2012 discriminates against smallholder farmers, which is against the constitution.
Wanjohi added that they have persuaded the court and hope the farmers' rights will be restored in the long run.
He explained that the registration, as stipulated in SPVA 2012, is expensive as a farmer requires Sh80, 000 at first and Sh10,000 yearly to maintain it.
