The Seeds and Plant Varieties Act (Cap. 326) is a Kenyan law that regulates seed transactions to ensure quality, prevent the sale of fake or unsuitable seeds, and protect plant breeders’ rights. It mandates that only certified seeds from varieties that meet criteria for distinctness, uniformity, and stability (DUS) can be sold, with penalties for those who don’t comply. The act establishes an index of approved plant varieties and the Kenya Plant Health Inspectorate Service (KEPHIS) is the primary authority for its implementation.
Key provisions of the Act:
- Seed certification and quality control: The law requires that seeds sold in Kenya must meet certain standards for purity and germination, and come from varieties that have been tested and approved.
- National Index: A central index of plant variety names is established. Only varieties listed on this index are legally allowed to be marketed in Kenya.
- Plant Breeder’s Rights: It provides legal protection for breeders of new plant varieties, allowing them to recover their investment and prevent others from unfairly exploiting their work.
- Restrictions on sale: The Act prohibits the sale of uncertified seeds and imposes strict penalties, including fines and/or imprisonment, for violations.
- Registration: Anyone dealing in seeds must be registered with the prescribed authority, and specific rules apply to those growing crops for seed production.
- Enforcement: The Kenya Plant Health Inspectorate Service (KEPHIS) is responsible for enforcing the Act’s provisions.
- “Sell” is broadly defined: The law’s definition of “sell” includes barter and exchange, which has led to legal challenges from farmers who claim it criminalizes their traditional practices of sharing seeds.
A law that can send a farmer to jail for sharing seeds with a neighbor?
Tomorrow, 15 brave Kenyan farmers stand against this. They are challenging the Seeds and Plant Varieties Act, a law that criminalizes the very heart of traditional farming: saving and sharing indigenous, climate-resilient seeds.
These seeds aren’t just plants; they are our heritage, our culture, and the source of up to 90% of our local food. They are adapted to our land, a living legacy passed down through generations.
The government claims the law protects “quality.” But at what cost? This is seen as a push for corporate hybrids and GMOs, sacrificing biodiversity and food sovereignty for uniformity and profit.
This isn’t just a legal case. It’s a battle for the soul of Kenyan agriculture.
What future do you want?
✅ Corporate-controlled, certified seeds?
✅ OR, the right for farmers to cultivate diverse, resilient food systems?
Share if you believe in the right to save our seeds! 🌱#SeedsAreLife #FoodJustice #GMOs #Biodiversity #KenyaFarmers #RightToFood