An appeal was filed contesting the High Court’s decision to lift the GMO ban.
A challenge to the High Court’s decision to lift the ban on the development of genetically modified organisms (GMOs) and crops has been certified urgent by the Court of Appeal.
In preparation for mass production, the National Biosafety Authority has begun implementing GMO crop trials nationwide, according to information presented to the court by attorney Paul Mwangi.
“The intended appeal along with the application will be rendered nugatory unless a conservatory order is issued staying the lifting of the ban,” the appeal states.
Since the lifting order’s implementation has no reversible or compensable effects in the event that the appeal is successful, attorney Mwangi contends that the conservatory order is absolutely required.
This comes after petitions to lift the ban on GMO foods were denied by the High Court last month. According to the court’s decision, the Environment and Lands Court had already dealt with the matter the previous year.
“The court determines that the present petition is res judicata and thus dismisses it without imposing any costs,” Justice Lawrence Mugambi declared.
A case against GMO imports was dismissed by the Environment and Lands Court in October of last year, stating that there was insufficient evidence to support the claim that they are harmful to humans. A session at the KICC and a notice in the gazette, according to Justice Oscar Angote, were sufficient means of achieving public participation.
A lobby organization that advocates for peasant farmers, the Kenya Peasants League, had brought the case. The petitioner’s claims regarding the cultivation, importation, and exportation of genetically modified maize without a license were deemed premature by the court due to the lack of supporting documentation.
Additionally, the court noted that the petitioner had not contested the domestic and international laws pertaining to genetically modified organisms, and that the evidence presented in court showed that Kenya has a robust framework governing the viability of GMOs.
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