Stakeholders in Kenya’s seed and plant sector are pushing for a complete overhaul of the Seed and Plant Varieties Act, Cap 326, citing its failure to accommodate the evolving needs of the country’s agricultural landscape and its discriminatory stance against indigenous seed systems.
The 1972 law, critics say, has become obsolete, despite undergoing several amendments over the decades.
According to Daniel Wanjama, Coordinator of the Seed Savers Network and a member of the technical team reviewing the legislation, the current Act do not reflect the realities of the seed sector or the contributions of informal seed systems, which supply nearly 80 percent of Kenya’s seed needs.
Speaking during a stakeholder engagement forum in Nakuru, Wanjama noted that while the 2010 National Seed Policy recognized the importance of both formal and informal seed systems, this recognition was never incorporated into the Act.
He said the statute, in its current form, discriminates against the participation of a large segment of Kenyans in the industry.
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He added that indigenous seeds despite being acknowledged under Article 11(3)(b) of the Constitution, which mandates Parliament to enact laws promoting the use and protection of indigenous seeds and knowledge systems are largely excluded by current regulations.
Wanjama emphasized that the existing law promotes dependency on imported, commercial seed varieties, which are often ill-suited to local conditions and require significant use of synthetic fertilizers and agro-chemicals. In contrast, indigenous seeds are better adapted to local environments, more sustainable, and can help bolster food sovereignty.
“By formalizing and promoting our indigenous seed systems, we can open more employment opportunities and enhance food security,” he said, highlighting the potential for job creation, particularly among youth, women, and rural communities.
The Seed Savers Network is advocating for a farmer-managed seed system to be embedded in the revised legislation. The proposed model would include quality assurance protocols to ensure that seeds exchanged or sold among farmers are viable, pest-free, and true to variety.
Currently, the law criminalizes the sale, barter, or exchange of uncertified and unregistered seeds—including traditional and indigenous varieties imposing penalties of up to KSh1 million, two years’ imprisonment, or both for violations.
By Obegi Malack
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