The National Biosafety Authority (NBA) has assured the High Court that Kenya possesses a robust legal and institutional framework capable of effectively regulating genetically modified organisms (GMOs), as the hearing of a landmark case challenging the cultivation and commercialization of Bt maize concluded in Kisumu.
The case, which was heard on Wednesday and Thursday before High Court Judge Joe Omido, seeks to challenge the approval of open-field cultivation and market placement of genetically modified maize (Zea mays), commonly known as Bt maize (MON 89034).
The petition was filed by activists against the National Biosafety Authority, the Ministry of Agriculture and Livestock Development, the Kenya Plant Health Inspectorate Service (KEPHIS), and the Council of Governors. Parties in the case are expected to file their written submissions by July before the court delivers its judgment.
During Thursday’s proceedings, NBA Acting Director for Biosafety Awareness, Education and Collaborations, Mr. Josphat Muchiri, defended the Authority’s approval processes, insisting that Kenya has adequate safeguards to ensure the safety of genetically modified products.
“The use of biotechnology to promote food security, nutrition and health is consistent with the State’s duty to uphold the dignity of its people by ensuring access to safe food, improving public health and enhancing national resilience in the face of climate change and population growth,” Muchiri told the court during cross-examination by State Counsel Matunda Montari from the Attorney General’s Office.
Muchiri maintained that the adoption of Bt maize could significantly contribute to addressing food insecurity and controlling destructive pests that continue to affect maize production across the country.
“We have the required regulatory framework in place, and that has already been affirmed by the High Court in Nairobi. The Authority is fully capable of regulating GMOs,” he said.
He further told the court that the NBA has conducted extensive public awareness campaigns across the country to educate Kenyans about genetically modified crops and their regulation.
According to Muchiri, all GMO products undergo rigorous scientific evaluation at laboratory, greenhouse and field-trial stages before any approval is granted.
“These assessments generate biosafety data focusing on food, feed and environmental safety. They are conducted under strict conditions until the products are approved for environmental release,” he said.
He explained that where preliminary risk assessments indicate potential environmental or safety concerns, additional pre-trial tests are conducted in contained environments as a precautionary measure before further consideration.
Muchiri argued that Kenya’s biosafety regulatory system contains multiple layers of oversight and approval mechanisms involving various government agencies.
“The existing legal and institutional framework has been established for the rigorous evaluation of genetically modified organisms and foods in relation to both human health and the environment. The evidence before this court demonstrates that the National Biosafety Authority and other agencies have the capacity to identify products requiring risk assessment and recommend appropriate safety measures,” he stated.
He dismissed claims that regulatory institutions had failed in their mandate, saying there was no basis to suggest that government agencies had collectively exposed Kenyans to potential harm.
“With all the institutions involved, we should be confident that our health and environment are in safe hands. It cannot be true that all these agencies have conspired to expose the population to the calamities alleged in the petition,” Muchiri told the court.
The NBA official also highlighted the broader role of biotechnology beyond agriculture, noting that GMOs have contributed significantly to medicine, environmental management, industrial processes and scientific research.
“For instance, the production of life-saving medicines such as insulin and the development of COVID-19 vaccines rely heavily on biotechnology and GMO-related technologies,” he said.
Muchiri emphasized that any biotechnology product imported into or developed within Kenya must receive approval from the National Biosafety Authority before being used or released.
He added that the Biosafety Act, Cap 320, grants the Authority a comprehensive mandate to oversee the safe development, transfer, handling and use of genetically modified organisms in Kenya.
The court is now expected to receive written submissions from all parties before setting a date for judgment in the closely watched case, which could have significant implications for the future of biotechnology and food security in Kenya.
