Global Resistance to GMOs Grows as Kenyan Court Upholds Import Ban

A landmark win for smallholder farmers and biodiversity

By Charles Mafa

Recently, Machakos County in Kenya buzzed with activity as over 50 peasant movements and their allies gathered. Beyond strategising for their collective liberation, they shared meals, danced, and sang together. Most importantly, they celebrated their victories—including a significant legal win in Kenya.

On March 7, 2025, the Nairobi Court of Appeal upheld a decision to block the importation of genetically modified organisms (GMOs), siding with smallholder farmer movements such as the Kenya Peasants League (KPL) and the Biodiversity and Biosafety Association of Kenya (BIBA). Since the government attempted to lift the GMO ban in 2022, food sovereignty activists have been at the forefront of challenging the move.

“We were questioning the basis on which the government of Kenya was lifting the ban, as not enough information had been shared,” said Anne Maina, National Coordinator for BIBA Kenya, in an interview with MakanDay Centre for Investigative Journalism when asked to explain why her organisation joined others in a court petition challenging the lifting of the ban on GMO importation. BIBA is a network of over 60 member organisations working on biodiversity and biosafety issues in Kenya.

She further stated, “It was very clear that without public participation, public education, and raising awareness among Kenyans, the government should not proceed with lifting the ban.”

Activists and some farmers in Kenya say the court’s decision is not just a victory for smallholder farmers but also for climate protection and biodiversity.

“We’re saying that GMO seeds lead to the erosion of biodiversity because they promote monocropping,” said Cidi Otieno, a smallholder farmer and General Coordinator of the Kenyan Peasants League, in an interview with MakanDay. Based in Migori County, about 350 km away from the capital, Nairobi, Otieno warned, “GMOs also cause contamination of local seeds through cross-pollination. Eventually, we risk losing our indigenous seeds.”

Otieno, 48, noted that the court ruling also strengthens Kenya’s Constitution by reinforcing the importance of upholding the law. Additionally, he emphasised its role in protecting indigenous seed varieties.

For Otieno, farming is more than just a livelihood—it’s a way of life. It supports his wife and four children and has deep roots in his family. Farming not only sustained his upbringing but also funded his education, allowing him to study agriculture at university.

The KPL, BIBA, and other organisations, filed a lawsuit after the Kenyan government lifted the ban on GMO imports in 2022. The ban, initially imposed in 2012, followed widespread public protests against the introduction of GMO seeds in the country.

According to a petition filed in court in 2015, the petitioner argued, among other things, that allowing GM foods and organisms without public consultation violated the Constitution. The petition cited various international reports warning that GMOs pose risks to both human health and the environment.

“Human health will be affected,” the court document stated. “The environment too. The conventional seeds and crops are not spared either. Both will be contaminated through pollination.”

The petitioner pointed out that by lifting the ban, the government was acting without involving the public. Both the Kenyan Constitution and the Biosafety Act require public participation in such decisions.

Otieno believes that other African countries can learn from their organisation, small in size, but through their efforts and working with other organisations, they influenced the court’s decision.

Founded in 2016, the Kenyan Peasants League is a social movement of peasant farmers, fishers, pastoralists, and consumers advocating for peasant agroecology and food sovereignty while resisting neoliberal policies that threaten local agriculture.

What’s Next?

Kenyan activists believe this case is far from over, as BIBA anticipates the government may challenge the court’s decision.

“I don’t think this is the end of the fight. I’m sure they (government) will try again to have the ban lifted,” said Maina of BIBA Kenya. “The key players pushing for the ban’s removal are multinational companies eager to sell their seeds in Kenya. Maize is a staple food across sub-Saharan Africa—whether in the form of nshima, ugali, or sadza—making it a highly lucrative commodity for commercialisation.”

Similar battles against GMOs are ongoing in Mexico and the Philippines.

In Mexico, on March 5, 2025, the government amended the constitution to prohibit the planting of genetically modified (GM) corn and other forms of genetic manipulation. This decision follows a prolonged trade dispute with the United States. While Mexico ultimately lost the ruling, its citizens made their stance clear—rejecting GM corn in their food supply. Their opposition was backed by a strong scientific case presented by the Mexican government.

Experts say, the Mexico-US decision will have ripple effects on other countries in trade agreements with the US. They say it’s not just a policy issue, but also about Mexico’s right to protect their heritage, culture and sovereignty. 

Similarly, in the Philippines, the Supreme Court ruled in 2023 in favour of MASIPAG, a coalition of more than 50,000 farmers and scientists, by banning the commercial cultivation of Golden Rice.

Despite their victory, rural Filipino communities fighting Golden Rice have been labelled as “anti-science” by many mainstream media coverage. These communities, however, are determined to have their voices heard.

Activists say these victories reflect a growing global resistance to GMOs as smallholder farmers and activists continue to defend food sovereignty and biodiversity.

Why Are Peasants and Scientists Fighting Back Against GMOs?

Activists argue that GM crops can only deliver when used with agrochemicals such as fertilizers and pesticides—an approach that not only depletes soil health over time but also locks farmers into industrial agriculture. With rising input costs driven by geopolitical conflicts and market speculation, smallholder farmers face increasing financial strain, where a single poor harvest can push them into crippling debt.

For example, Mexico’s national science agency conducted an extensive review highlighting health risks associated with growing and consuming corn—the most widely cultivated crop in the United States. The agency’s director and lead scientists recently discussed these findings in a webinar, emphasising concerns about both GM corn and the agrochemicals used alongside it.

Similarly, research on Golden Rice has shown that it fails to deliver on its promises while further entrenching corporate control over the seed industry—at the expense of farmers. According to the findings, just four multinational corporations—Bayer-Monsanto, Syngenta, BASF, and DowDuPont—control 75% of plant breeding research, 60% of the commercial seed market, and 76% of global agrochemical sales. Activists say this consolidation limits farmers’ choices, threatens seed diversity, and reinforces dependency on corporate-controlled agriculture.

Photo Credit | Biodiversity and Biosafety Association of Kenya (BIBA)