Machakos: As the Machakos High Court is set to deliver a landmark judgment on Thursday, November 27, 2025, farmers in Machakos are fervently urging the court not to criminalize the commercial sale and exchange of uncertified and indigenous seeds. These seeds are considered more suited to local weather conditions and are crucial for small-scale farmers who rely on them.

According to Kenya News Agency, the seeds and plant variety Act prohibits the sharing and selling of seeds by farmers, a practice that accounts for over 80% of seeds used by small-scale farmers in Kenya. The law mandates the use of registered and certified seeds to enhance productivity and quality control, raising cost concerns among the farming community.

The issue has sparked a heated debate among farmers and policymakers. Small-scale farmers argue that the law criminalizes their traditional practices, which include sharing, exchanging, or selling indigenous seeds that have been part of their agricultural heritage for generations.

During a community dialogue on climate adaptation and food sovereignty organized by Haki Nawiri Afrika and supported by Power Shift Africa, a group of Machakos farmers expressed their concerns. They argue that certified seeds are expensive and inaccessible, urging the court to allow them to continue exchanging and using seeds that require only manure, not pesticides.

Peter Nzioka, an agroecology expert and indigenous farmer from Kaani, Machakos, has been preserving indigenous seeds in a seed bank for over 15 years. He warns that restricting their use threatens biodiversity, food security, and cultural heritage. Nzioka values the ability to trace and control his food through indigenous seeds and fears that a court ruling against them could lead to food insecurity.

Anastacia Syombua, a member of the Kaani smallholder farmers, emphasized the role of indigenous seeds in climate adaptation. She urged the court to recognize their significance, stating, "Let them not deny us the freedom to use our indigenous seeds; it is what I have relied on in my farm for several years."

Leonida Odongo, founder of Haki Nawiri Afrika, expressed optimism that the Machakos High Court ruling would favor smallholder food producers. She called for a more inclusive seed policy that respects both modern agricultural standards and traditional farming knowledge. Odongo highlighted the importance of community mobilization and dialogue on food and climate justice, urging every household to maintain a seed library and granary as symbols of food sovereignty.

Farmers and stakeholders await the court's decision, prepared to submit a petition if the ruling is unfavorable, emphasizing the importance of indigenous seeds for the nation's health and against hybrid alternatives.