Members of the Kenya Peasants League (KPL) have raised concerns over delays by Court of Appeal of Kenya in ruling in a case challenging the government’s decision to lift the ban on genetically modified organisms (GMOs).

The farmers say the prolonged wait is undermining their quest for justice and leaving thousands of small-scale producers in uncertainty.

Speaking in South Sakwa Ward in Awendo Sub-County, Migori County, the farmers led by David Otieno, said the delay is unfair and has far-reaching consequences on farmers in the country.

Otieno noted that the dispute dates back to October 2022 when the government lifted a 10-year ban on GMOs, prompting the league to file a case in November the same year.

“Our case was initially successful as the High Court reinstated the ban and directed the government to fulfil certain obligations,” Otieno said.

He explained that in December 2022, the High Court of Kenya consolidated several GMO-related petitions, including one filed by the Law Society of Kenya at the Environment and Land Court. However, in October 2024, the court struck out KPL’s case on grounds that the issues had already been determined in the LSK matter.

The farmers disputed the ruling, arguing that their case was distinct and raised separate concerns affecting peasant farmers. They subsequently moved to the Court of Appeal, where they secured a stay order that effectively reinstated the GMO ban and filed a substantive appeal challenging the High Court decision.

Otieno said the judgment, which had been scheduled for delivery on April 14, was postponed indefinitely after the court indicated it was not ready.

He expressed frustration that the matter has been delayed for years due to what he termed as technicalities raised by the government.

“Since 2022, we have never been given a proper hearing as the matter has been bogged down by technicalities. We expected the ruling to give direction on whether the case would return to the High Court for hearing,” he said.

He emphasised that the continued delay amounts to denial of justice, noting that the case is of great public interest.

“This is a matter affecting farmers across the country. Justice delayed is justice denied,” he added, urging the appellate court to expedite the ruling and provide a clear timeline.

Otieno also called on the court to deliver the judgment physically and issue adequate notice to allow farmers and other stakeholders to attend.

The farmers further raised concerns over the conduct of regulatory agencies, including the National Biosafety Authority and the Kenya Plant Health Inspectorate Service (KEPHIS), accusing them of exceeding their regulatory roles.

“They are supposed to regulate and assess applications, but we are now seeing them act like campaigners for GMO products. If this continues, we will take legal action,” Otieno warned.

Local farmers echoed similar concerns, citing potential economic and health implications associated with GMO adoption.

Moses Ojolla, a farmer from Mariwa in Awendo Constituency, said they were disappointed by the postponement of the ruling.

“We expected the judgment to give us a way forward, but now we remain in uncertainty,” he said, calling on the government to support traditional farming methods and subsidize organic fertilisers.

Another farmer, John Owino, expressed concern over the shift from traditional foods to processed alternatives, linking it to declining health standards.

“In the past, we relied on millet and sorghum, and we were healthy. Today, many families depend on processed foods, which are affecting our well-being,” he said. He urged the government to invest in preserving indigenous seeds and strengthening community seed banks.

Similarly, Alice Achila noted that GMO seeds are expensive and cannot be reused, forcing farmers to purchase new seeds every planting season.

“We used to share traditional seeds, but GMO seeds cannot be shared. This makes farming expensive and unsustainable for small-scale farmers,” she said.

The farmers said they will continue mobilising communities to preserve indigenous seeds through initiatives such as seed fairs, food festivals, and cooperative movements, even as they await the court’s decision.

• A Tell Media / KNA report / By Polycarp Ochieng and George Agimba