Muturi wants GMO case heard by three judges

Attorney-General Justin Muturi now seeks to have a lawsuit challenging the decision by the government to import genetically-modified organisms (GMOs) to be heard and determined by a three-judge bench.

When the case came up for hearing before Justice Mugure Thande of the High Court Constitution and Human Rights Division in Milimani, the AG sought to have the file referred to the Chief Justice to empanel a bench to hear and determine the matter.

At the same time, the AG sought the setting aside of orders issued by the High Court in December last year suspending the importation and distribution of GMOs in the country.

In October last year, President William Ruto’s administration lifted the decade-old ban on GMOs in response to the biting drought that has hit the country leading to food insecurity and livestock deaths.

Through state counsel Ann Mwangi, the AG yesterday told Justice Thande that the temporary orders have paralysed operations of the National Biosafety Authority (NBA), a body mandated to regulate and research GMOs.

Mwangi said the court orders banning the importation of GMOs including crops have affected the growth and cultivation of the BT-cotton and have put NBA in a disadvantaged position.

“l have instruction to request this court to vary orders because they have paralysed operations of the National Biosafety Authority. We all know that BT cotton was commercialised and farmers have been planting cotton GMO seeds. They have the seeds. The orders prohibit farmers to plant even the seeds they already have,” said Mwangi.

Negative impact

In her application, Mwangi claimed that interim orders have a negative impact on NBA adding that the institution cannot consider applications for seeds from farmers.

But the petitioners –lawyer Paul Mwangi and lobby group Kenyan Peasants League vehemently opposed the AG’s twin prayers of empanelment of a bench and varying orders suspending the importation of GMOs.

The Petitioners accused the Attorney-General of forum shopping as he had since approached the Court of Appeal seeking the review of the same interim orders.

“The AG has moved to the court of appeal to stay the interim orders and we are awaiting a hearing. The AG is doing forum shopping. The AG cannot decide that he needs the bench empanelled when the case is at the hearing stage,” said lawyer Mwangi stated

In her ruling, Justice Thande directed the AG to file a formal application for empanelment of the bench as she failed to pronounce herself on the setting aside of the interim orders.

Justice Thande further directed the case be mentioned on March 28, 2023, when the court will be informed whether the case will be consolidated with another one filed by the Law Society of Kenya at the Environment and Lands Court in Nyahururu over the genetically modified crops.

The three petitions were lodged against the government’s decision to allow the consumption of GMOs in Kenya.

Cabinet resolution

The ban was lifted through a Cabinet resolution dated October 3, 2022, but the same met opposition over safety concerns and fears that the GMOs crops will terminate the indigenous seeds.

The petitioners are opposed to the importation, cultivation and consumption of GMOs on grounds that the decision to lift the ban was not procedural and it was unlawful.

They also contend that GMO products pose a health risk to Kenyans, particularly the poor and those with low incomes.

Another contention is that the government lifted the ban placed by the administration of late President Mwai Kibaki in 2012 without involving Kenyans through public participation as required by the Constitution.

Lawyer Mwangi accused the Ruto government of mischief saying the decision to lift the ban was hurried and if not quashed it will result in a violation of the rights of small-scale farmers and consumers.

According to the lawyer, the real import of the 2022 Cabinet decision to allow the re-introduction of GMOs was to effect a blanket uplift of all protocols controlling the introduction of genetically modified foods in Kenya.

The lawsuit also accused the government of derogating the rights of peasant farmers and people working in rural areas.

 Mwangi claimed that Kenyans will no longer have access to adequate food that is produced through ecologically sustainable methods that respect their culture.