Court dismisses case challenging GMO foods in Kenya

The Environment and Land Court has dismissed a petition by Law Society of Kenya (LSK) challenging the lifting the ban of Genetically Modified Organisms (GMO) foods.

Justice Oscar Angote dismissed the case stating that the country has put in place a robust biosafety regulatory framework with inbuilt structures which must be met before they consider the use of GMO's.

The LSK had challenged the lifting of the ban, which was made through a cabinet dispatch on October 3, last year lifting the 10-year ban.

"Let me end by stating that as a country, we need to trust the institutions that we have in place and call them to order in the event of breach of the law," Justice Angote ruled.

The judge added that the Biosafety Act stipulates the National Biosafety Authority (NBA), in close collaboration with the department of public health, which safeguards the health of consumers through food safety and quality control, surveillance, prevention and control of food borne diseases.

"With all these institutions, we should be confident that our health and environment is in good hands ,it can't be true they can all conspire to expose the population to the calamities," the judge said.

The Biosafety Act, 2009 restricts the sale, importation and exportation of GMOs, and requires persons intending to sell, import or export GMOs into the country to seek written approval from the Authority.

Failure to seek such approval under the Act is an offence punishable by a fine not exceeding Sh20 million, or to imprisonment for a term not exceeding 10 years, or both.