By James Okoth
Photo | Courtesy
For years, farmer Thomas Odhiambo from Nyando has grown maize and indigenous vegetables on his two-acre farm, saving and sharing seeds from one planting season to the next, just like his parents did. But when Kenya’s seed laws changed in 2016, he suddenly found himself on the wrong side of the law.
“I was told I could not sell or even share my seeds unless I paid thousands of shillings to register as a seed merchant,” he recalls. “It didn’t make sense. These are seeds my family has planted for generations.”
This week, Thomas and thousands of small-scale farmers like him finally breathed a sigh of relief after the High Court declared key sections of the Seed and Plant Varieties Act and its regulations unconstitutional, saying they discriminated against small farmers and violated their rights.
Court Sides with Small Farmers
Hon. Lady Justice Rhoda Rutto, delivering the landmark ruling, said that the government-imposed fees, including a Kshs 75,000 registration fee and Kshs 10,000 annual renewal, unfairly locked out smallholders from seed trade.
The court found that such high costs and strict conditions were indirectly discriminatory because they favoured large commercial seed companies over small farmers who could not afford to comply.
“The measures effectively eliminate small farmers in favour of their well-established counterparts,” the judge ruled, adding that the State had failed to justify the heavy requirements or demonstrate their necessity.
Discrimination and Lost Livelihoods
The case was filed by farmers’ groups who argued that the seed law and its regulations violated Article 27 of the Constitution, which protects equality and freedom from discrimination. They said the law criminalised traditional farming practices such as saving, exchanging and selling indigenous seeds while benefiting wealthy commercial growers.
The judge agreed, saying that the laws put small-scale farmers at a disadvantage when compared with large-scale farmers.
“Most small-scale farming is done through informal arrangements and such formalisation may not necessarily be of any benefit,” the court observed.
For farmers like Odhiambo, the ruling means much more than a legal victory.
“Now I can plant and share my seeds without fear,” he said. “The law made us feel like criminals for farming the way we always have.”
Public Participation and Justice
The court also faulted the government for failing to properly consult the public when drafting the regulations, noting that adequate and meaningful public participation could have resolved farmers’ concerns earlier.
Public participation, the judge emphasised, is a living constitutional principle that ensures citizens remain part of governance decisions that affect their lives.
What Was Declared Unconstitutional
Among the provisions struck down were:
Sections 3D(1), 8(1), 8A, 10(4)(c)–(g), 20(1) and 20(1E) of the Seed and Plant Varieties Act; and
Regulations 6, 16, 19 and 21(1)–(5) of the Seed and Plant Varieties (Seeds) Regulations, 2016.
These sections, the court found, violated multiple constitutional rights including equality, property, economic and social rights, and fair administrative action.
A New Dawn for Peasant Farmers
The ruling, delivered on 27 November 2025, is being hailed as a major step towards restoring seed freedom and the right of farmers to save, share and trade indigenous seeds without harsh penalties.
Farmers’ groups say the decision gives them renewed confidence to preserve local seed varieties that have fed communities for generations.
“It’s a victory for every small farmer who was afraid to share their harvest,” said a representative of a local farmers’ cooperative. “The court has reminded the government that agriculture belongs to the people, not just corporations.”
Each Party to Bear Own Costs
Given the public interest nature of the case, the court directed that each party bear their own costs, but urged the government to reopen discussions with farmers and the public to create a fairer, more inclusive seed policy.
For farmers like Thomas Odhiambo, that means a chance to continue planting, saving and sharing seeds freely.
“It’s more than a ruling,” he said with a smile. “It’s justice for the soil and for the people who till it.”
