Farmers in Kenya have vowed not to relent in the struggle towards ensuring seed sovereignty in the country.
This follows a move by Attorney General to challenge Landmark Ruling that was issued in favour of farmers who had moved to court to challenge Seeds and Plant Variety Act 2012 as being illegal due to the fact that it was criminalizing sharing of seeds among farmers.
The judgment issued in November 2025 by High Court, established powerful legal precedent globally, affirming that the ancient right of farmers to save and share seeds supersedes commercial interests, reshaping the legal balance of power between communities and agribusiness worldwide.
However, the victory is facing challenge after Attorney General moved to court to challenge the judgement, on grounds that it violates the rights of commercial agencies dealing in seeds.
But with the new development, farmers maintain that the fight is on to ensure seed sovereignty in the country.
Speaking on Wednesday February 11, 2026 during a Webinar meeting, Farmers’ Representative Mr. Francis Ngiri from Makongo Village in Elementaita, Gilgil was categorical that agroecology is tgebway to go.
Mr. Ngiri who was also one of the petitioners in the case, wondered why bodies that should protect farmers such as KEPHIS have continued to violate the farmers’ rights.
He called for the need for farmers to be brought on board and consulted before any decision is made.
“Those who have appealed the judgement did not consult us. Though it is a constitutional right to appeal but there is need for consultation,” he stated.
Mr. Ngiri added that seeds and any law on the same should be about farmers and not commercial breeders or companies.
According to him, the High Court in Machakos gave farmers freedom, hence they will not sit and watch anyone intefere with the same.
Legal experts argue that the SPVA 2012 as it was, then small-holder farmers’ rights were at stake.
Speaking during the Webinar meeting, High Court Lawyer and expert in matters intellectual property Wambugu Wanjohi argues that the judgement issued by Machakos High Court protected marginalized farmers and restored dignity to them.
While noting that the AG has appealed the High Court decision, Wanjohi called for a collective action towards safeguarding farmers’ rights.
“Seed rights are human rights and therefore should be safeguarded. We call for collective action to help farmers as far as the petition is concerned,” he said.
Sentiments echoed by Counsel David Kabanda from Uganda who played role in filing a case East African Court challenging Kenya Government on GMO.
He argued that involving farmers on matters seeds sovereignty is key.
“No one should sit in an office or boardroom somewhere and come up with a policy on seeds without the involvement of farmers. Those messing up with the sovereignty of seeds must be held accountable,” he said.
The Counsel also called on the need to empower farmers on matters seeds and ensure cultural aspects of seeds are protected.
According to Counsel Kabanda, a strong movement in East Africa will help protect seeds.
Gilgil-based Seed Savers Network that has been working towards empowering farmers reveals that 70 percent of farmers in Kenya are small-holder farmers.
Speaking during the Webinar meeting, Lead Advocacy at Seed Savers Network Ms Tabby Munyiri revealed that it has been a 16- year journey towards seeds sovereignty.
She pointed out that besides the Landmark Ruling, a draft bill on seeds was submitted to Parliament.
On the Appeal by AG, Munyiri said it is a call to action from all stakeholders.
“The Appeal by Attorney General means we have to work more.farmers’ voices matter, and collaboration between farmers, media, advocates, and policymakers is more important than ever,” she said.
It should be noted that the Webinar meeting was also attended by farmers across the country, and other stakeholders among them member of Press.