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KISUMU, Kenya (AP) — A high court in Kenya on Thursday declared unconstitutional sections of a seed law that prevented farmers from sharing and selling indigenous seeds in what food campaigners have called a landmark win for food security.
Farmers in Kenya could face up to two years’ imprisonment and a fine of 1 million Kenya shillings ($7,700) for sharing seeds through their community seed banks, according to a seed law signed in 2012.
Justice Rhoda Rutto on Thursday said sections of the seed law that gave government officials powers to raid seed banks and seize seeds were also unconstitutional.
The law was introduced as a measure to curb growing sale of counterfeit seeds that were causing loses in the agricultural sector and gave sole seed trading rights to licensed companies.
The case had been filed by 15 smallholder farmers, who are members of community seed banks that have been in operation for years, preserving and sharing seeds among colleagues.
A farmer, Samuel Wathome, who was among the 15, said the old farming practices had been vindicated.
“My grandmother saved seeds, and today the court has said I can do the same for my grandchildren without fear of the police or of prison,” he said.
Elizabeth Atieno, a food campaigner at Greenpeace Africa, called the win a “victory for our culture, our resilience, and our future.”
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