On 27 November 2025, the High Court of Kenya delivered a historic ruling affirming that farmers have the right to save and share their indigenous seeds. The court struck down punitive provisions of the Seed and Plant Varieties Act (CAP 326) that criminalized seed-saving, sharing, and exchange — offences previously punishable by up to two years in prison or a fine of KSh 1,000,000.
This legislation threatened to undermine traditional seed systems, erode cultural heritage, and marginalize smallholder farmers who depend on farmer-managed seed systems for food security and biodiversity.
With this decision, farmers are now free to conserve, exchange, and share indigenous seeds without fear of prosecution. The verdict reinforces the value of indigenous seed systems in climate-resilient agriculture, food security, and long-term sustainability by safeguarding agrobiodiversity and cultural heritage.
This outcome also sends a powerful signal against the push by large commercial seed companies to monopolize the seed supply, and restores agency to farmers to decide what they plant and preserve on their lands.
