The government has issued a 90-day notice to individuals and institutions dealing in genetically modified organisms (GMOs) to regularize their activities.
- •In 2022 lifted the ban on genetically modified crops and animal feeds after a decade-long ban, in a medium-term measure to address food shortage caused by drought in the country.
- •The National Biosafety Authority (NBA) says it is illegal to research, place on the market, import, transit or export GMOs without written approval.
- •Kenya has approved 58 GMO projects – 40 for contained use in the laboratory or greenhouse, 15 for confined field trials, and three for environmental release or commercial cultivation.
“The Authority wishes to bring to your attention the provision of Section 18(1) of the Biosafety Act which prohibits any person from conducting any activity involving genetically modified organisms (GMOs) without the written approval of the Authority. These activities include research, placing on the market, import, transit or export of GMOs,” NBA in a public notice.
“This notice requires that any person or institution carrying out any of the above activities involving GMOs, including in plants, animals, microorganisms, and research in pharmaceuticals and vaccines should first seek and obtain approval from the Authority; and those with ongoing research to regularize their projects within three (3) months from the date of this notice.”
“Under Section 3 of the Act, finished and approved pharmaceutical products for human use which are or may be products of genetic modification are exempt from this notice.”
The three that have been approved for commercial cultivation are Bt cotton, which was commercialized in January 2020; Bacillus thuringiensis (Bt) corn which was approved by NBA in October 2022 and is now awaiting submission to the National Variety Release Committee (NVRC); and virus-resistant cassava, which is undergoing National Performance Trials by the Kenya Plant Health Inspectorate Service (KEPHIS).
Law Society of Kenya challenged lifting of the GMO ban in a move which court dismissed in October last year. In the suit, the LSK had alleged that the cultivation, importation, and exportation of GMO maize was being undertaken without an Enviromental Impact Assessment (EIA) license.
The Environment and Land Court said no evidence had been placed before it to show that the Kenya Agricultural and Livestock Research Organisation is already undertaking cultivation of food, feed and processing, import, export and transit of MON 810 event in maize varieties in Kenya without EIA licence.
