The Court of Appeal has dismissed the Attorney General’s request to get orders prohibiting the importation of genetically modified foods (GMOs) suspended
On March 31, the Court of Appeal Judges denied the AG’s motion to appeal the order made by High Court Judge Mugure Thande last year.
The AG attempted to have the ruling suspended, claiming that the court’s judgment was not founded on scientific evidence and had interfered with Kenyans’ freedom and rights to trade and consume GMO goods.
They argued the order will have far-reaching legal, economic, and food security consequences.
Thande stated in his order issued on December 15, last year, “The court takes note that this is a matter of great public interest, particularly given the global uncertainties surrounding GMOs.” In light of this, it is in the public interest for the court to use the precautionary principle awaiting the hearing of expert witness testimony on the impact of GMO product consumption and growth on health and the environment. As a result, the court extends the interim orders until the combined petitions are heard and determined.”
The AG in his application for stay argued that Justice Thande order ignored structures that are in place to regulate the importation of GMOs such as the National Biosafety Authority; the Biosafety Act, 2009 and the Biosafety Regulations.
However, the Court of Appeal Justices Mohamed Warsame, Abida Ali Aroni and John Mativo declined to suspend the order and instead directed that the intended appeal be listed for hearing on a priority basis.
President William Ruto’s administration in October Last year lifted the decade-old ban on GMOs in response to the biting drought that has hit the country leading to food insecurity and livestock deaths.
