The High Court in Machakos today heard a constitutional petition challenging Kenya’s Seed and Plant Varieties Act (Cap. 326).

The petitioners argue that the Act infringes upon farmers’ rights by criminalizing the sharing and exchange of indigenous seeds.
The court has scheduled the judgment for November 27, 2025. 
The petitioners contend that the Act’s provisions disproportionately affect smallholder farmers, who rely heavily on traditional seed systems.
They argue that the law undermines food sovereignty and biodiversity by restricting farmers’ ability to save, use, and exchange indigenous seeds. 
The outcome of this case could have significant implications for Kenya’s agricultural sector, particularly concerning seed regulation and farmers’ rights.
Stakeholders across the agricultural value chain are closely monitoring the proceedings, anticipating potential shifts in policy and practice depending on the court’s decision.
The judgment on November 27, 2025, is expected to provide clarity on the constitutionality of the Seed and Plant Varieties Act and its alignment with farmers’ rights and food security objectives.

