Kenya’s seed legislation and its role in shaping farmers’ rights and national food sovereignty in Kenya

Abstract

Food security in Kenya remains a critical concern, with over 70% of the country's food produced by smallholder farmers. These farmers rely heavily on informal seed systems through practices such as seed saving, exchange, and bartering all which have sustained communities for generations. However, the 2012 amendments to Kenya’s Seeds and Plant Varieties Act (SPVA), aligning closely with the UPOV 1991 framework, impose restrictions that undermine these traditional practices. The Act criminalizes the use and sharing of protected seeds without breeder authorization, posing threats to food sovereignty, biodiversity, and the livelihoods of small-scale farmers. This study critically analyzes the SPVA within the broader international and national legal context to determine its impact on indigenous seed practices and food security. It draws on the food sovereignty theory to frame the analysis, emphasizing farmers’ rights to determine their own agricultural systems. The research highlights key legal conflicts between Kenya’s obligations under international treaties and the constitutional protections for indigenous knowledge and food rights. A comparative study of India’s Protection of Plant Varieties and Farmers’ Rights Act, 2001, reveals a more balanced approach that upholds both breeders’ and farmers’ rights. India’s integrated seed system model offers vital lessons for Kenya, showcasing how legal recognition of farmer-saved seed can support agricultural sustainability and national food security. The dissertation concludes that Kenya's current legal framework disproportionately favors commercial interests over local farming traditions. It recommends legislative reforms that recognize the value of informal seed systems and calls for an integrated seed sector approach that harmonizes formal regulation with traditional practices. Such reforms are essential for safeguarding food sovereignty and achieving long-term food security in Kenya.