Nakuru: Stakeholders in the seeds and plants sector have called for a total overhaul of Kenya’s Seed and Plant Varieties Act, Cap 326, arguing that it curtails the sharing and exchange of indigenous seeds while encouraging dependency on imported varieties. A Kenyan social enterprise, Seed Savers Network, which works to conserve agro-biodiversity and empower smallholder farmers, has been at the forefront of the campaign to reform the law.
According to Kenya News Agency, its Coordinator, Daniel Wanjama, stated that the Act, which was enacted in 1972, has become obsolete as it fails to address emerging challenges and realities in the seed sector. Wanjama, who also serves as a member of the technical team reviewing the Act, explained that the law has undergone numerous amendments and re-amendments over the years, yet still fails to capture the evolving needs of the sector. He emphasized the need for a complete overhaul rather than piecemeal adjustments.
He cited the 2010 National Seed Policy, which recognized the coexistence of formal and informal seed systems in Kenya. However, this provision was never incorporated into the Act. While the informal system provides about 80 percent of the country’s seed requirements, Wanjama noted that the current law does not include mechanisms to assure quality within that system. ‘The statute, in its current form, discriminates against the participation of a large segment of Kenyans in this vital industry,’ he said.
Speaking during a stakeholders’ engagement forum in Nakuru on the proposed review of the legislation, Wanjama stressed that indigenous seeds are recognized under the Constitution. Article 11(3)(b) explicitly directs Parliament to enact laws that promote the use and protection of indigenous seeds and knowledge systems. He underscored that both the formal and informal seed systems are essential for sustainable agriculture, economic growth, and food security. ‘We must strengthen both systems and ensure they complement rather than compete with each other,’ he said.
According to Wanjama, commercial seed varieties often require heavy use of agro-chemicals and synthetic fertilizers since they are not locally adapted. By contrast, indigenous seeds are resilient, locally suited, and more sustainable. He added that revitalizing indigenous seed systems could create thousands of jobs for Kenyan youth, women, and rural communities. ‘The commercial seed sector is a global multibillion enterprise. By formalizing and promoting our indigenous seed systems, we can open more employment opportunities and enhance food sovereignty,’ he explained.
Wanjama proposed the development of a farmer-managed seed system model to be incorporated into the revised Act. The model would include quality assurance measures to ensure that seeds exchanged or sold between farmers are viable, pest-free, and true to variety. He further emphasized the importance of defining the roles of key players – including farmers, community seed banks, county governments, the national government, and agricultural semi-autonomous government agencies (SAGAs).
Currently, the Seed and Plant Varieties Act criminalizes the sale, barter, or exchange of uncertified and unregistered seeds, including indigenous varieties. The law prescribes penalties of up to Sh1 million, imprisonment for up to two years, or both, for individuals engaging in unauthorized seed trade. The Act states in part: ‘A person who, while not registered as a seed merchant, imports, processes, or packages seed for sale, or sells any seed that fails to meet the required standards, shall be guilty of an offence.’
Wanjama argued that these provisions unfairly restrict farmers’ rights to grow, share, and trade their preferred local varieties, leading to loss of crop diversity and increased corporate control of seed systems. He stressed the need to ease restrictions that hinder the circulation of indigenous seeds, which are rich in nutrition and resilience compared to imported hybrids. He urged the government to allocate funding for indigenous seed banks, noting that promoting community-based seed systems would help preserve Kenya’s unique plant heritage and strengthen local food security. ‘Freely sharing homegrown seeds will prevent the extinction of our indigenous varieties,’ he said.
According to the coordinator, the Act in its current form discourages the use of indigenous seeds, which hold cultural and historical significance for smallholder farmers. Allowing the exchange and propagation of these varieties, he said, would protect Kenya’s biodiversity and food sovereignty, reducing dependence on imported seeds and costly government subsidies. He noted that indigenous plant varieties have evolved to thrive under local climatic conditions, showing remarkable resistance to pests, diseases, and drought. Prohibiting their exchange or sale, therefore, could accelerate biodiversity loss and undermine resilience to climate change.
Wanjama called for special attention to farmer-managed seed systems, noting that generations of smallholder farmers have preserved, selected, and improved indigenous seeds through traditional practices. He said restrictive laws must be relaxed to allow the continuation of these community-led systems. He also highlighted the vital role played by village women, who traditionally serve as custodians of seeds and ensure food availability at the household level. ‘We urge the government to prioritize the establishment of indigenous seed banks in its budget. This will promote organic farming, lower production costs, and enhance food security,’ he said.
Wanjama acknowledged that while the government has established a Genetic Resource Research Institute (GeRRI) under the Kenya Agricultural and Livestock Research Organization (KALRO), its current focus is limited. He recommended expanding its mandate to include collaboration with smallholder farmers and community seed initiatives. Climate change, he added, has altered Kenya’s agricultural landscape, with previously wet areas becoming dry and drought-prone. Promoting indigenous crops in these regions, he said, would strengthen food resilience and reduce the risk of hunger.
The Genetic Resources Research Institute, based in Muguga, Kiambu County, serves as Kenya’s national gene bank. It currently safeguards over 50,000 plant species collected from farmers nationwide, ensuring the preservation of the country’s genetic diversity for future generations. Wanjama concluded by calling for greater stakeholder collaboration to ensure that the new legislation reflects the realities of Kenyan farmers, integrates indigenous knowledge systems, and aligns with national and global sustainability goals.