Exclusive: Court of Appeal Imposes Ban on Ruto Government’s GMO Imports
On Thursday, May 25, President William Ruto lost a case in which his government sought approval from the Court of Appeal to import genetically modified organisms (GMO) maize into the country.
In its 21-page decision, the Court of Appeal ruled that the case, in which the Office of the Attorney General argued for the State, lacked merit.
The court argued that the issue was of grave public importance and that it was improper for the government to make such decisions without taking the concerns raised into account.
“The applicant must prove the first two aspects, namely the arguability test and the nugatory aspect.
“The public interest test was neither intended to stand alone nor to replace the other two tests. We believe that the Supreme Court’s introduction of the public interest factor did not displace the other factors.
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Law Society of Kenya v. Bloggers Association of Kenya and Six Others (2020) eKLR. Part of the ruling stated, “We find no merit in the application because the applicants failed to satisfy us on all three prongs.”
Attorney General Justin Muturi petitioned the Court of Appeal on December 23, 2022, to lift the ban on the importation and distribution of genetically modified crops.
In March 2023, the High Court issued the ban in response to a petition from a coalition of civil society groups.
The government argued that the ban is unconstitutional and detrimental to food security.
Additionally, the government argued that the ban is based on outdated information and that there is no scientific evidence to support claims that GMOs are harmful.
Justices Warsame Mohamed, Ali Arone, and John Muting’a Mativo acknowledged in their decision that the High Court had not yet decided on a similar case.
Even though the three-judge panel declined to stay the orders based on the strict requirements outlined in Rule 5(2)(b), they directed that the intended appeal be scheduled for hearing with priority.
“Therefore, unlike interlocutory injunctions, conservatory orders are not tied to private-party issues such as the likelihood of irreparable harm occurring during the pendency of a case or a high likelihood of success in the supplicant’s case for orders of stay.
Exclusive: Court of Appeal Imposes Ban on Ruto Government’s GMO Imports
A portion of the ruling stated, “Conservatory orders should be granted based on the inherent merit of a case, taking into account the public interest, the constitutional values, and the proportionate magnitudes and priority levels attributable to the relevant causes.”
GMO debate
Arguments in favor of genetically modified organisms asserted that their importation could increase crop yields, thereby reducing food insecurity.
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According to the government, GMOs can be engineered to be resistant to pests and diseases, reducing the need for pesticides and herbicides.
The State argued against the fears presented to the court by noting that GMOs can be engineered to have a higher nutritional value, thereby improving public health.
Civil Society groups countered the State’s narrative, noting that on October 3, 2022, the Cabinet directive was a blanket lift of the restrictions and control measures put in place previously, without the establishment of measures to preserve and protect indigenous seeds and other indigenous genetic resources, and is a threat to the sovereignty of the people of Kenya and in particular food security in the country in violation of the Constitution.
“It is beyond dispute that parties appeared before the court on December 15, 2022. However, parties have provided contradictory descriptions of what transpired in court.
A portion of the ruling stated, “The parties do agree that the court issued several directives on the parties’ next steps, including the consolidation of the two cases.”
Exclusive: Court of Appeal Bans Ruto Administration GMO Imports
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