AFRICA ( Commonwealth Union) _ The Attorney General (AG) has been unsuccessful in their attempt to suspend orders that prohibit the importation of genetically modified foods (GMOs). On March 31, the Court of Appeal Judges dismissed the AG’s application, which aimed to challenge a previous order issued by High Court Judge Mugure Thande last year.
The AG argued that the court’s decision lacked scientific evidence and infringed upon the freedom and rights of Kenyans who wish to trade and consume GMO products. They claimed that the order had significant legal, economic, and food security implications.
Judge Thande, in issuing the order on December 15 of the previous year, acknowledged the public interest surrounding GMOs and emphasized the precautionary principle. The court deemed it necessary to maintain the interim orders until the hearing and determination of expert witness testimonies regarding the impact of GMO consumption and cultivation on health and the environment.
The AG filed the application with the Appellate Court in response to this order. They contended that the Thande order overlooked existing regulatory structures, such as the National Biosafety Authority, the Biosafety Act of 2009, and the Biosafety Regulations, which provide sufficient penalties and ensure that Kenyans receive accurate information about the benefits of GMO products. Additionally, they mentioned the protections offered by the Cartagena Protocol, the Biosafety Act of 2009, and the Labelling Regulation of 2012, which require clear labeling of GMO products for the safety of Kenyans.
The AG argued that without the suspension of the orders, their appeal would be futile, as it would greatly prejudice the Kenyan people who are facing hunger and starvation.
However, the Court of Appeal Justices Mohamed Warsame, Abida Ali Aroni, and John Mativo declined to suspend the Thande order. Instead, they directed that the appeal be given priority for a hearing. They expressed their dissatisfaction with the argument that the appeal would be rendered useless if the importation orders were not lifted.
In response to a severe drought causing food insecurity and livestock deaths, President William Ruto’s administration lifted the decade-old ban on GMOs in October of the previous year. This led to two petitions challenging the decision. The first petition was filed by Lawyer Paul Mwangi, followed by the Kenya Peasants League. These petitions were consolidated.
The petitioners in this case oppose the importation, cultivation, and consumption of GMOs, citing procedural irregularities and unlawfulness in the decision to lift the ban. They also argue that GMO products pose health risks, particularly to low-income individuals and the impoverished.
