The National Biosafety Authority (NBA) has defended Kenya’s approval of genetically modified (GM) maize, telling the High Court in Kisumu that the country has a strong legal and scientific framework to regulate GMOs safely as a petition challenging the introduction of Bt maize neared conclusion.
The case, heard before Justice Joe Omido, involves a legal challenge against the open-field cultivation and commercialization of genetically modified maize (Zea mays), commonly known as Bt maize (MON 89034). The petition, filed by activists, names the National Biosafety Authority, the Ministry of Agriculture and Livestock Development, the Kenya Plant Health Inspectorate Service (KEPHIS) and the Council of Governors as respondents.
The hearing, which concluded on Thursday, featured testimony from NBA acting Director for Biosafety Awareness, Education and Collaborations, Josphat Muchiri, who defended the approval and regulation process of GMOs in the country.
Muchiri told the court that Kenya has the necessary regulatory systems to ensure GMOs undergo rigorous scientific assessment before approval, adding that public safety remains central to the approval process.
“The use of biotechnology to promote food security, nutrition and health is consistent with the State’s duty to promote the dignity of its people by ensuring access to safe food and enhancing resilience in the face of climate change and population growth,” he said during cross-examination.
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He added that all GMOs undergo laboratory, greenhouse and field trials to generate biosafety data on food, feed and environmental safety before any environmental release is authorized.
Muchiri further stated that the NBA conducts public awareness campaigns across the country and ensures that any GMO showing potential risks undergoes additional contained testing before approval.
He maintained that Kenya’s legal and institutional framework provides strict oversight over the transfer, handling and use of genetically modified organisms, arguing that multiple agencies work together to ensure safety standards are met.
“With all the institutions, we should be confident that our health and environment are in safe hands,” he told the court, dismissing claims that regulators could collectively expose the population to harm.
The NBA official also noted that reputable global bodies, including the World Health Organization (WHO), Food and Agriculture Organization (FAO) and the European Food Safety Authority (EFSA), have consistently found approved GMOs safe for consumption.
He further pointed to countries such as Brazil, India, China and South Africa, where GMO adoption has been used to boost food production and reduce pest-related losses.
Bt maize, which was approved by the NBA in 2025, was developed using modern biotechnology to resist destructive pests such as the maize stem borer and fall armyworm, which significantly reduce maize yields in Kenya.
According to the Authority, the technology is expected to reduce crop losses, improve yields, lower production costs and decrease reliance on chemical pesticides.
The Biosafety Act (Cap. 320) mandates the NBA to regulate the development, transfer, handling and use of GMOs across agriculture, health, medicine, wildlife and industrial biotechnology, with the aim of safeguarding human and animal health and protecting the environment.
The case is now expected to proceed to written submissions, which parties will file by July, before the court delivers its determination on the contested approval of Bt maize cultivation in Kenya.
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