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The Kenyan government insists on maintaining provisions of the Seed Act that the court nullified: farmers and legal experts question the motive.

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By Witness Radio team.

Mr. Francis Njiri, a small-scale farmer from Makongo and a member of the Seed Savers Network Kenya, questions the spirit behind the Kenyan government and the Kenya Plant Health Inspectorate Service (KEPHIS) in appealing against the recent High Court ruling on seed rights, including saving and exchange.

The landmark judgment delivered in November 2025 declared key sections of the Seed and Plant Varieties Act unconstitutional, directly affirming farmers’ rights to save, share, and exchange seeds outside formal systems, which many smallholder farmers like Mr. Njiri see as a victory for traditional practices and their livelihoods.

15 smallholder farmers from the Seed Savers Network filed a constitutional petition in 2022, claiming that Kenya’s Seeds and Plant Varieties Act (SPVA) and the Seeds and Plant Varieties (Seeds) Regulations, 2016, have restrictive provisions that violate fundamental rights protected by Kenya’s Constitution, which the Kenya’s High Court in Machakos ruled in their favor.

According to court documents seen by Witness Radio, the Kenyan government and KEPHIS have appealedagainst the court ruling, claiming that the High Court judge misinterpreted key legal provisions, underscoring the ongoing legal battle over seed rights.

“Take notice that The Kenya Plant Health Inspectorate Service and The Attorney General, the above-named Appellants, appeal to the Court of Appeal against the whole of the above-mentioned decision,” documents seen by Witness Radio reveal.

“The Learned Judge erred in law and in fact by misinterpreting and conflating Sections 8(1) and 8A of the Seeds and Plant Varieties Act with Article 11(3)(b) of the Constitution, and by wrongly concluding that those provisions limit or undermine Section 27A, while in fact Sections 8(1), 8A and 27A operate harmoniously to give full effect to Article 11(3)(b) of the Constitution.

The Learned Judge erred in law and in fact by holding that Sections 8(1) and 10(4)(c), (d), (e), (f) and (g) of the Seeds and Plant Varieties Act, together with Regulations 6, 16 and 19 of the Seed and Plant Varieties (Seed) Regulations are unconstitutional based on discrimination under Article 27(2) of the Constitution, when no distinction had been demonstrated…” further reveals.

The government’s decision to appeal has alarmed farming communities and civil society, raising fears that their interests are being overlooked.

“I don’t think the government is working in the interests of farmers. We suspect these actions serve multinational corporations’ interests because farmers were not consulted in the first place.” Mr. Njiri says.

Mr. Njiri, who has practiced agroecological farming for years, is one of the petitioners in the case. Alongside other farmers from across the country, he challenged the constitutionality of provisions that restricted the use of farm-saved seeds. He argues that such laws disproportionately favored commercial seed companies while undermining indigenous seed systems that have sustained communities for generations.

According to him, the lack of consultation with smallholder farmers, who constitute the majority of Kenya’s agricultural producers, raises serious questions about whose interests are being prioritized.

For generations, farmers have saved, exchanged, and improved seeds-these practices are part of our heritage and vital for our survival. Decisions about seeds should involve those who depend on them most.

In the case that had been determined in favor of the local farmers, Advocate Wambugu Wanjohi says the Government of Kenya and KEPHIS were challenging mostly seed sovereignty, the right to save, share, and replant seeds, and the right to participate in seed policies.

“Now, the Seed and Plant Varieties Amendment Act aligned Kenya with UPOV of 1991, and seed exchange outside the normal certification process became illegal. And the consequence was that the government pushed indigenous seed systems underground.” He mentioned.

Wanjohi describes the High Court ruling as a constitutional milestone.

“This case was not simply about regulatory compliance. The Court approached it as a human rights matter. It examined whether criminalizing seed sharing unjustifiably limited constitutional rights such as the right to food, the protection of culture, equality, and fair administrative action,” he said.

“We argued on a constitutional basis. The farmers sought to have these sections declared unconstitutional because the Act and regulations unjustifiably limited the right to food and eroded cultural rights and equality.”

According to Wanjohi, the Court found that the impugned provisions disproportionately burdened smallholder farmers while privileging commercial seed interests.

“The Constitution does not permit legislation that effectively punishes the survival practices of small-scale farmers. The judgment reaffirmed that seed governance must align with constitutional protections,” he added.

Dr. David Kabanda, Director of the Center for Food and Adequate Living Rights in Uganda, views the ruling as significant beyond Kenya’s borders.

“Seed is not merely a commercial commodity; it is the foundation of food systems and community resilience. When laws shift control of seed away from farmers without meaningful participation, they raise fundamental legal and human rights questions,” Kabanda says.

He adds that the case introduces a constitutional perspective that could influence similar debates across East Africa, particularly in countries aligning seed laws with international intellectual property standards.

“Seed determines protection of our land, because in an ordinary African city, if you don’t have seed, then you cannot plant. Seed and food give land relevance in many communities. So, if someone takes our seed from you, especially in the current region where some countries, like Kenya, want to create what they call seed merchants and impose exorbitant fees on you to operate the seed trade or business, it is alienating people from the livelihood they should have. Because if any state or multinational takes away the seed, the propagating material, whether for food or agriculture, it is touching the nerve of your existence.” Kabanda added.

As the appeal process unfolds, farmers like Mr. Njiri say they remain committed to defending what they consider fundamental rights: the right to seed, the right to food, and the right to participate in decisions that directly affect their livelihoods.

“We will continue to stand firm. Seeds are our life. Without them, there is no farming, and without farming, there is no food. We will fight and fight and fight until we win. And we believe we shall win the entire battle. Because we wouldn’t let that freedom, which God gives, be taken away from us because someone wants to protect their interests or farmers’ interests,” he concluded.

With the government and KEPHIS appealing the High Court’s landmark decision, it is now more important than ever for judges, lawyers, and civil society across Africa to actively support farmers in defending their constitutional seed rights. “Strategic litigation has set a precedent on the continent, showing that courts can and must uphold food sovereignty and protect the rights of smallholder farmers.” Advocate Wanjohi added.

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Civil society groups at UNCCD COP17 are calling for urgent action on land rights, drought, and vital funding.

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By the Witness Radio team.

ULAANBAATAR, Mongolia: At the 17th session of the United Nations Convention to Combat Desertification (UNCCD COP17), civil society organizations urged governments to turn promises into real action, tackling land degradation, drought, and the mounting dangers confronting land-dependent communities.

At a press conference in Ulaanbaatar on Monday, August 17, civil society representatives from every corner of the globe—Africa, Asia, Latin America and the Caribbean, Western Europe, and Central and Eastern Europe—shared their priorities and plans for the two-week Summit.

Throughout COP17, these organizations plan to actively engage with government negotiators, national focal points, and other stakeholders, bringing forward evidence and community voices to ensure their priorities shape the conference’s outcomes.

They will also champion meaningful participation for civil society, Indigenous peoples, pastoralists, women, youth, and local communities in every stage of negotiations, implementation, monitoring, and follow-up.

The Civil Society Organization (CSO) Panel, which leads civil society engagement in the UNCCD process, shared that its members have spent nearly a year collecting perspectives from all five regions and crafting 19 key messages and recommendations for COP17.

Andy Morris, the Western European representative on the CSO Panel, said their main expectation is for COP17 to become an “action COP” that moves commitments into implementation.

“Our main expectation is that COP17 moves commitments to implementation,” Morris said, adding that this action COP requires accessible and adequate finance reaching communities and local actors who can implement solutions on the ground.

The CSOs are also determined to strengthen knowledge-sharing between governments, scientists, practitioners, Indigenous peoples, local communities, and pastoralists.

Morris emphasized that Indigenous, traditional, and local knowledge deserves equal recognition with scientific knowledge. He also called for greater support for civil society and local actors to generate evidence and monitor land degradation and restoration.

“We have a wealth of knowledge at our fingertips, and we need to bridge the gap between indigenous people’s knowledge and science,” he said.

Civil society organizations have made secure and fair access to land and land tenure a top priority, especially for women, Indigenous peoples, and local communities.

They are urging robust multi-stakeholder land governance, integrated land-use planning, and sustainable water management to help territories withstand drought.

They are pressing governments to shift from reactive drought responses to proactive, locally led strategies that boost land restoration and soil health.

The CSO Panel also prioritizes bolder action on land degradation neutrality and tighter coordination across land, climate, biodiversity, water, and food security agendas.

Sopiko Babalashvili, representing Central and Eastern Europe on the CSO Panel, said civil society wants COP17 commitments to translate into action at the community level.

“It’s important to increase accessible and secure finance for locally led and community-led solutions and translate commitments into action on the ground,” Babalashvili said.

African civil society representative Ellen Otaru-Okoedion highlighted that civil society organizations have been tackling desertification, land degradation, and drought at the grassroots long before these issues reach international negotiations.

“CSOs play an integral role in addressing desertification, land degradation, and drought within communities long before these challenges reach international negotiations.” She added that civil society organizations are more than observers at COP17; they are knowledge holders, partners in sharing and implementing solutions, and key contributors to locally rooted progress. The organizations urge governments to keep COP17 inclusive and ensure civil society has a real voice in negotiations, implementation, monitoring, and follow-up.

“We are also implementation partners and contributors to locally grounded solutions,” Ellen further revealed, adding that they will continue to engage with negotiators, party officials, national focal points and different caucuses while working with civil society networks and partners across regions and other environmental conventions.

Civil society representatives also voiced concerns about the shrinking financial space for organizations working on the frontlines in communities.

They warned that relying too heavily on external project funding can undermine civil society’s independence and called for new approaches to help organizations build more sustainable funding streams.

The panel pointed to capacity building, networking, and organizational development as key ways to empower CSOs to mobilize resources and keep supporting communities.

The organizations are also pushing for closer coordination among the three major Rio Conventions on desertification, climate change, and biodiversity.

They argue that land degradation, drought, water insecurity, climate change, biodiversity loss, and food security are deeply interconnected challenges that demand coordinated solutions, not isolated efforts.

As negotiations unfold over the next two weeks, civil society groups are determined to make sure the voices of communities affected by land degradation and drought shape the decisions made at COP17.

They believe the true measure of the conference’s success will not be what is agreed on paper, but whether those commitments reach communities through funding, action, monitoring, and greater participation by those who rely on the land for their livelihoods.

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South Africa’s top court blocks Shell oil exploration off country’s Wild Coast

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In a landmark judgment on Aug. 14, South Africa’s Constitutional Court set aside exploration rights held by oil giant Shell and Impact Africa, a South African oil and gas company. The ruling prevents the companies from exploring for fossil fuels off South Africa’s Wild Coast.

The case was brought by Wild Coast communities and environmental organizations after Shell announced plans in 2021 to conduct a 3D seismic survey off the country’s Eastern Cape province coastline. They argued that authorities had failed to meaningfully consult affected communities or consider harms to their spiritual and cultural rights and livelihoods. Authorities also failed to consider the potential harm to marine life and climate change, the plaintiffs argued.

In the judgement, Justice Jody Kollapen wrote the majority opinion and said consulting communities isn’t just a procedural requirement, but “a process which affirms human dignity by affording a seat at the table to those whose lives are impacted by decisions.”

Acknowledging the “cornerstone role that dispossession played in the apartheid regime,” the court noted that South Africa’s natural resources are highly contested and that the case is embedded in “well-documented struggles by coastal communities to protect their land, marine resources and ways of life in the face of extractive activities.”

The judges also considered last year’s International Court of Justice Advisory Opinion on countries’ obligations in the context of climate change: “Decisions must be taken within a framework of heightened diligence, informed by scientific knowledge, international commitments and the foreseeable impacts of emissions on present and future generations,” Kollapen wrote.

The question of oil exploration rights in the area began in 2014, when the Department of Mineral Resources and Energy granted Impact Africa Limited the right to undertake a seismic survey to look for oil and gas reserves on the Wild Coast. Impact Africa Limited is a subsidiary of Impact Oil & Gas Limited, which in 2021 transferred a 50% stake of its exploration rights in the area to Shell.

The case has appeared before several South African courts over the past decade before reaching the Constitutional Court, the highest in the country.

Carmen Mannarino from the South African nonprofit Masifundise Development Trust, which works with communities in the area, told Mongabay that the court’s decision is a victory for fishing communities. “The court recognized that exploring for resources in light of potential future financial benefits does not compare to the constitutionally recognized rights of fishing communities,” Mannarino said.

“This is the apex court and the first time that it has dealt with issues relating to the community and environmental rights in relation to oil and gas exploitation,” Melissa Groenink, an attorney with one of the applicants, civil society organization Natural Justice, told Mongabay, adding that the ruling might influence similar cases currently in process.

Shell did not respond to Mongabay’s request for comment by the time of publication.

Banner image: Fisherpeople in Port St. Johns, Eastern Cape. Image courtesy of Aletta Harrison CC BY 4.0.

Source: news.mongabay.com

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Minister Nabakooba wants special land title issuance halted

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She said the continued issuance of the certificates without adequate verification was fuelling land disputes and creating opportunities for land grabbers to deprive legitimate owners of their property.

Lands minister Judith Nabakooba wants the issuance of certificates of occupancy, which act as land titles, halted for three months to allow the Government to review and streamline the process and curb double titling.

She said the continued issuance of the certificates without adequate verification was fuelling land disputes and creating opportunities for land grabbers to deprive legitimate owners of their property.

She made the remarks on August 14, 2026, during a lands staff meeting at the Office of the Prime Minister in Kampala.

The minister warned lands officers against issuing special certificates for land that already has registered ownership, saying those who disregard the procedures could face arrest.

“You have slept on your duty on the issue of special certificates. When you continue issuing them, I will send the police, and they will arrest you.”

Nabakooba cited cases in Kyengera and Kabula, in Wakiso and Lyantonde districts respectively, where the titles had reportedly been issued despite existing claims and titles on the same land.

“We need to sit and have a clear guideline on how to handle that issue,” she said, adding that many of the reported cases were coming from the Buganda region.

She said the creation of special titles on already registered land was also placing pressure on ministry leadership, as affected people frequently seek intervention.

“I receive distress calls from my bosses. You are putting special titles on existing titles, which makes my work very hard,” she said.

The minister’s concerns come amid persistent complaints about land grabbing, overlapping titles and double titling, which she said undermine public confidence in the country’s land administration system.

Nabakooba urged lands officials to take responsibility for the services they provide and follow proper procedures when handling land transactions.

She also directed lands officers to clear the backlog of land transactions by December, questioning how officials who frequently absent themselves from duty would meet the deadline.

She said the ministry continues to receive complaints about officers who report to work only once a week.

“You disappear a lot. Every time you give excuses. There are people who work for only one day a week. We get a lot of complaints from the public,” she said.

The minister also criticised poor customer care, saying some officers shout at clients and create an intimidating environment that discourages people from freely presenting their land-related concerns.

She further directed officials to remove brokers operating around Ministry Zonal Offices, accusing them of misleading clients and sometimes posing as ministry officials to solicit money.

“Let’s try to get brokers out of our offices. They even start blackmailing our names, posing as officials from the ministry and taking money from people,” she said.

Nabakooba also directed staff to wear name tags and ministry shirts to help members of the public distinguish genuine ministry employees from brokers.

The technical officers were also directed to enter titles completed under the Systematic Land Adjudication and Certification programme into the land information system and ensure they are distributed to the intended beneficiaries.

The minister appealed to officials to engage contractors to provide outstanding data needed to complete the programme.

“This is a World Bank loan, and we have to pay back the money, so let’s use it properly to finish the services they were asked for,” she said.

Nabakooba also urged technical officers to accompany ministers during field visits, saying their expertise is necessary to provide technical guidance and help the Government understand challenges faced by communities.

What others said

Acting permanent secretary in the lands ministry Dr Emmanuel Mugunga urged staff to embrace teamwork, accountability and respectful treatment of colleagues and clients.

He warned that the Human Capital Management System would track staff attendance and that absenteeism would have consequences.

Housing state minister Persis Namuganza urged staff to restore public confidence in the ministry, saying some members of the public now associate lands officials with land grabbing.

Lands state minister Harriet Ntabaazi called for greater collaboration among officers and warned technical staff against treating themselves as “small gods” at their duty stations.

Ntabaazi said land grabbing, overlapping titles, double titling and family conflicts remain among the major challenges facing the lands sector.

She also cautioned officers against soliciting money from clients, saying such practices damage the ministry’s reputation.

The ministers called for stronger accountability, adherence to proper procedures and improved teamwork to restore public confidence in land administration.

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