The government has sought to lift a ban on importation and distribution of Genetically Modified Organisms (GMOs), saying the freeze by the High Court last month had paralysed the work of the National Biosafety Authority (NBA).
Attorney General Justin Muturi says in an application to the Court of Appeal that the body mandated to regulate and research of GMOs continue to suffer paralysis in service delivery as a result of the said order.
Mr Muturi further said the order was issued without hearing the government’s side, and its extension to February 2023 was prejudicial and has placed the government at a disadvantaged position.
High Court judge Mugure Thande had granted the order owing to global concerns on safety of GMOs, which the government now says was done without tangible evidence.
The High Court temporarily barred the importation of GMO products, foods and materials by government or any person either directly or indirectly.
The case was filed by Kenyan Peasants League -a lobby group representing peasant farmers, Paul Mwangi and Biosafety Association of Kenya.
The group claims that the decision by the President William Ruto-led administration to lift the ban and remove regulatory protocols imposed in 2012 is unprocedural and unlawful.
Mr Mwangi argued that the real reason of the 2022 Cabinet decision to allow re-introduction of GMOs was not to remove a ban on genetically modified foods but to effect a blanket uplift of all protocols controlling the introduction of genetically modified foods in Kenya.
The lobby group said GMO products pose a health risk to Kenyans, particularly the poor and those with low incomes and the lifting of the ban without involving Kenyans through public participation rule was wrong.
The NBA, however, says the government has invested in the research on the safety of GMOs and there is likelihood that the resources will go to waste if the order remains in force.
“The orders issued were so extensive and revolutionary that they go to the very foundation of the constitution. They were beyond the matters that were before the superior court,” said Anne Wanjiku, senior principal state counsel.
The government added that it is necessary and in the greater public interest that the ban be lifted, pending the determination of the appeal.
