Following the High Court ruling on November 7, 2024, lifting the ban on the development of Genetically Modified Organisms and Crops(GMOs), the government has announced new protocols targeting Kenyans who wish to participate in the rearing of the breeds.
In a notice issued on Tuesday, 26 November, the National Biosafety Authority announced new procedural guidelines that Kenyans must comply with before being allowed to deal in GMO products.
Further, the authority asked Kenyans to ensure they got its approval before engaging in the rearing and any other business on the GMOs.
''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,’’ the National Biosafety Authority announced.
''This is in line with the National Biosafety Authority's mandate 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."
According to the Biosafety Act, the law sets up key guidelines requiring persons who engage in the importation, rearing and introduction of new GMOs into the environment to obtain permission from the government.
The law also stipulates that anyone who violates any of the guidelines commits an offence and, upon conviction, may face a fine of up to Ksh20 million, imprisonment for up to ten years, or both.
Targeted in the set of regulations by the authority also include Kenyans who wish to engage in the importation of GMOs.
According to the authority, they will need to obtain details of the application procedures and application forms from the government before being handed the green light to proceed.
''Details of the application procedures, including application forms can be accessed at www.biosafetykenya.go.ke as well as the E-citizen platform,’’ the authority added.
The regulations come after the High Court on November 7, dismissed all the cases lodged before it challenging President William Ruto’s order after Cabinet approval to lift the ban on Genetically Modified Crops and Foods in Kenya.
Justice Lawrence Mugambi, during a sitting at Milimani Law Courts in Nairobi, threw out the petitions that had been filed challenging the lifting of the ban on genetically modified food whose lifting had been a controversial development.
Kenya has already adopted the cultivation of Bacillus thuringiensis (GMO BT) cotton and has completed clinical trials for BT maize and cassava and was just waiting for the court's determination of the cases that filed before it they are released to the market.
