The authority therefore stated that anyone who wished to deal in the said product is required to make an application to the authority for approval.
The National Biosafety Authority (NBA) has notified dealers of Genetically Modified Organisms (GMO) products of the requirement to apply for approval. This comes following a High Court ruling that dismissed several petitions that sought to challenge lifting the ban on releasing and planting Genetically modified crops (GMOs) in Kenya.
In a notice on Tuesday, November 26, the NBA took note of the ruling on GMOs and their derived products, which was delivered on Thursday, November 7, 2024. The ruling re-affirms the Cabinet decision of October 3, 2022, that Kenya has a robust legal, regulatory, and institutional framework to regulate GMOs.
The authority therefore stated that anyone who wished to deal in the said product must apply to the authority for approval.
Agriculture Cabinet Secretary, Andrew Karanja speaking in Mombasa during a two-day meeting with the Senate Committee on Agriculture on November 15, 2024. /MINISTRY OF AGRICULTURE
“By virtue of the High Court ruling, the Authority draws the attention of persons wishing to deal in GMO products to the provisions of Biosafety Act, 2009 Sections 18, 19, 20, 21, 22, 23 and 50 and the Regulations made thereunder which require such persons to make applications to the Authority for approval to deal with the said products,” stated NBA in part.
“Details of the application procedures, including application forms can be accessed at www.biosafetykenya.go.ke as well as the E-citizen platform.”
NBA warned that it is considered an offence under Section 52 of the Biosafety Act for any person to deal in GMOs or their derived products without the written approval of the Authority.
The Authority further affirmed to Kenyans that following the High Court ruling, it shall discharge its mandate of ensuring the safety of human, and animal health and protection of the environment in accordance with the Biosafety Act.
The National Biosafety Authority is a State Corporation established under section 5 of the Biosafety Act, No. 2 of 2009 to exercise general supervision and control over the transfer, handling and use of genetically modified organisms (GMOs) to ensure the safety of human and animal health and provision of an adequate level of protection of the environment.
The Authority is also the National Focal for implementing the Cartagena Protocol on Biosafety.
Justice Lawrence Mugambi of the High Court on Thursday, November 7 dismissed petitions challenging the 2022 lifting of the ban on genetically modified organisms (GMO). In his ruling, Justice Mugambi noted that the Environment and Land Court (ELC) dealt with the matter in 2023 as part of a suit filed by the Law Society of Kenya (LSK).
“In view of the above, the court hereby finds that the current petition is res judicata. The same is struck out the same with no orders as to costs,” Justice Mugambi ruled.
Petitioners had moved to Court after the Environment Court in October 2023 dismissed a case challenging the importation of GMOs into the country citing a lack of evidence indicating that the use of GMOs causes harm to human health or the environment.
Justice Oscar Angote had ruled that adequate public participation was achieved through a session at the Kenyatta International Convention Centre (KICC) as well as a gazette notice. According to the court, the petitioner made premature claims about the cultivation, importation, and exportation of GMO maize without a license because no evidence was provided.
The use of GMOs had been stirring debate in the past on whether it was safe for consumption after President William Ruto’s administration lifted the ban on GMO imports into the country.
Following the decision, Ruto assured Kenyans that the genetically modified products did not pose any health effects, saying that he would not endanger Kenyans’ lives.
The Milimani Law Courts in Nairobi. /FILE