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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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World Food Day 2026: Building healthy diets means reimagining how we grow, share, and enjoy our food.

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By the Witness Radio team.

In 2024, hunger affected an estimated 673 million people worldwide, the 2025 State of Food Security and Nutrition in the World report reveals, underscoring the urgent need to ensure everyone can access enough nutritious food.

Africa bears a heavy share of this crisis. Hunger affects about 307 million people, more than one in five on the continent. If nothing changes, experts warn that by 2030, as many as 512 million people could face chronic undernourishment, with nearly 60 percent living in Africa.

These numbers make it clear: we must transform our food systems now. It is not just about growing more food; it’s about ensuring everyone can enjoy diets that are diverse, safe, nourishing, and rooted in culture.

On World Food Day 2026, celebrated under the banner “Innovate Today, Nourish Tomorrow,” leaders urged the world to invest boldly in healthy eating, indigenous food traditions and agricultural breakthroughs that truly serve people’s needs.

Italy’s Minister for Agriculture, Food Sovereignty and Forestry, Francesco Lollobrigida, called for greater attention to healthy, balanced and sustainable diets, linking food consumption to human health, cultural heritage and environmental protection.

“To nourish tomorrow, it isn’t enough to invest in innovation and research and in waste reduction. We must also promote dietary habits that are healthy, balanced and sustainable, capitalizing on the deep link between food, health, culture and territory,” Lollobrigida said.

He highlighted Italy’s food culture as a living example of how what we eat can weave together nutrition, environmental care, and the fabric of social life.

“Food isn’t just nutrition; it’s a way of spending time together defending and protecting our environment and our health,” he said.

The minister also urged everyone to unite to tackle food waste, a challenge that stretches from farm fields to family tables. He stressed that governments, businesses, researchers and consumers must join forces through smart policies, new technologies and better food education to end waste.

While Italy’s minister focused on eating habits, King Letsie III of Lesotho, David Mohato Bereng Seeiso, called on African nations to embrace their indigenous foods, crops and traditional wisdom to boost nutrition.

The King noted Africa’s rich tapestry of traditional foods, livestock and aquatic resources, many perfectly suited to local environments and packed with nutrition. Yet he observed researchers, markets and public campaigns too often overlook these treasures.

“Countries must be assisted to promote indigenous traditional and underutilized foods as part of healthier diets, biodiversity conservation, climate adaptation and local economic development,” he said.

He added that building value chains around locally adapted foods could open doors for smallholder farmers, women and young entrepreneurs, all while helping communities safeguard their food heritage.

“While restoring pride in Africa’s food heritage, innovation does not mean abandoning tradition; it means combining the best of modern science with the knowledge and experience of our communities. Nourishing tomorrow should also begin with investing in children today,” King Letsie III added.

His words highlight the need to help farmers preserve locally adapted crops and seeds while harnessing science to boost harvests and nutrition.

FAO Director-General Qu Dongyu said scientific innovation should be judged by its contribution to people’s lives rather than by technological advances alone.

“Innovation is not only about the technology, but it’s also about people. It is about enabling people to turn knowledge into opportunity, science into solutions and hope into action,” he said.

He cited satellite monitoring, early-warning systems, improved irrigation, and digital technologies as tools that can help farmers protect harvests, manage resources, and access markets and financial services.

Today, science provides farmers with tools previous generations could hardly have imagined. Satellites monitor crops from space, helping detect threats before harvests are lost. Early warning systems give farming families time to prepare for droughts, floods and other risks. Smarter irrigation lets farmers produce more food while using less water. Digital technologies connect rural communities to markets, financial services, and networks once out of reach, especially for smallholder farmers. These innovations can strengthen food security, stabilize incomes and create better opportunities for future generations.

Yet innovation alone is not enough. Its true value lies in reaching those who need it most and ensuring successful solutions can be shared and scaled up. The most effective innovations are those developed with farmers and rural communities, considering their needs, knowledge and local conditions, he said.

King Letsie III said transforming food systems requires political leadership, stronger institutions, and adequate nutrition financing.

“Our parOur parliamentarians approve budgets, enact laws, oversee government action and represent citizens’ priorities. I therefore welcome FAO’s engagement with the Pan-African Parliament and national and sub-regional parliamentary alliances on food security and nutrition. Through parliamentary capacity development, FAO is helping legislators create stronger enabling environments. Parliamentarians can and should champion adequate financing for nutrition, protect school meal budgets, promote healthy food environments, improve food safety laws, support women and youth and hold institutions accountable for the commitments made to our people.” He said.

He highlighted school feeding programs as one way to improve children’s diets while creating markets for locally produced food.

Nutritious school meals are a strategic investment that can improve diets, attendance, and learning; strengthen social protection; and create steady demand for locally produced food. Homegrown school meals connect agriculture, nutrition, education and local economic development. School meals should do more than relieve short-term hunger. They should support physical and cognitive development, encourage lifelong healthy habits, strengthen local economies and provide practical learning on nutrition, food safety, hygiene, biodiversity and respect for food. Safe water, sanitation and hygiene are also essential to ensure every meal advances health, dignity and learning, he added.

These leaders’ voices send a clear message: we must bridge the gap between what is grown in fields and what nourishes people’s bodies and lives.

Africa needs stronger links among farmers, researchers, universities, policymakers, entrepreneurs and investors. Solutions that show promise must move beyond pilots and laboratories, be adapted to local realities and scaled through effective institutions and sustainable financing,” the King said.

He emphasized that young people must be at the heart of this movement, with skills, funding, land, digital tools, mentors, and access to markets.

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International Day of Rural Women : Rural women farmers deserve not only equal rights and access to resources, but also the strength and voice to safeguard Mother Nature.

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By the Witness Radio Team.

As the world marks the International Day of Rural Women on 15 October 2026, with the theme “Rural Women Farmers Caring for Mother Nature,” the spotlight shines on women whose tireless efforts nourish food systems, shield biodiversity, and safeguard the natural resources that sustain entire communities.

This year’s celebration carries special weight as the United Nations declares 2026 the International Year of the Woman Farmer, spotlighting women’s vital roles across agri-food systems, from planting seeds to driving trade. This recognition opens the door to challenge the persistent inequalities that threaten women’s livelihoods and silence their voices in decisions about agriculture, land, and the environment.

In its statement marking the day, UN Women called for rural women’s rights, resources and decision-making power to match their contributions to food systems and environmental protection.

“On this day, we celebrate their knowledge and leadership in building a more resilient future. Yet their rights, resources and decision-making power too often fall short of their contributions,” UN Women said.

The agency called on governments and other groups to ensure women have enforceable rights to land, water, and natural resources. It also asked for better access to finance, markets, technology, and agricultural services, as well as decent work, social protection, and strong infrastructure. The agency highlighted the need to recognize, reduce, and share women’s unpaid care work.

These calls to action highlight the stark inequalities rural women endure. They are the backbone of community nourishment and environmental stewardship, yet too often they lack the resources and influence needed to improve their lives and shape the future.

Ambassador Ada Francisca de Asis Hernández Rivera, the Permanent Representative of the Dominican Republic to the Food and Agriculture Organization (FAO), the International Fund for Agricultural Development (IFAD) and the World Food Program (WFP), underscored rural women’s importance in eradicating poverty, ending hunger and transforming agri-food systems into more inclusive, resilient and sustainable systems.

She noted that women contribute to food production, biodiversity conservation, sustainable ecosystem management and the resilience of families and communities. Yet many still face barriers to accessing land, financial services, technology, information, markets, and technical assistance, as well as opportunities to participate in decision-making.

“These inequalities, of course, will reduce their opportunities and limit the potential of family farming to contribute completely to sustainable development,” she said.

Karina David, a representative of the Intercontinental Network of Organic Farmers Organizations (INFO) and the Rural Women in Action Network, also highlighted the gap between recognizing women’s contributions and addressing the inequalities they face.

David cited findings indicating that 75 percent of agricultural policy documents across 68 countries recognize women’s roles and challenges, but only 19 percent contain clear gender equality goals.

She argued that closing this gap is not only a matter of equality but also essential to improving food security, household incomes, resilience and rural development.

“Gender inequality has a real cost, and if I were to close the gap between women and men in the agri-food system, it could add almost $1 trillion to the global economy and reduce food insecurity for 45 million people,” she said.

The findings make it clear: governments must move beyond words and turn promises into real policies, funding, and programs that break down the barriers holding women farmers back.

The scale of women’s participation in agri-food systems further underscores why empowering them must be a priority. Tako Ndiaye, a team leader on gender issues in FAO’s Division for Rural Transformation and Gender Equality, cited findings from a report on the status of women in agri-food systems showing that 41 percent of working women globally are employed in these systems.

She noted that agri-food systems are particularly important sources of livelihoods for women in sub-Saharan Africa and Southern Asia, where 70 percent of working women in each region are employed in the sector.

Ndiaye also emphasized the importance of empowering women farmers, their organizations, and networks to participate effectively in family farming policymaking. She called for stronger roles for gender experts and women’s organizations in monitoring the implementation of policy commitments.

Women farmers do more than feed rural economies; they champion environmental sustainability. They conserve seeds, nurture biodiversity, manage precious water, and heal degraded land, using wisdom and practices that keep ecosystems thriving and help communities withstand the challenges of climate change.

Yet their ability to continue this vital work depends on access to land, financial support, modern technologies, and other resources that let them farm sustainably and adapt to a changing environment.

UN Women has called on governments, financial institutions, businesses, and development partners to invest directly in rural women and remove barriers that limit their economic independence and environmental leadership.

The agency also stressed that rural women must have a meaningful role in shaping agricultural policies and decisions on funding allocation for climate action, biodiversity conservation, and land restoration.

 

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ODPP Staff Equipped With New Skills on Land Crimes, Witness Protection and Victims Rights

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Mpigi – The Office of the Director of Public Prosecutions (ODPP), through the Department of Land Crimes and the Department of Witness Protection and Victim Empowerment, early this week, held a stakeholders’ engagement at the Mpigi Regional Office to enhance the capacity of prosecutors and investigators in the management of land crimes, witness protection and victims’ rights and empowerment.

The engagement brought together prosecutors and investigators from the region to share knowledge, exchange experiences and explore practical solutions to challenges affecting the effective investigation and prosecution of land-related offences, while strengthening the protection of witnesses and the empowerment of victims within the criminal justice system.

In her welcome remarks, the Regional Officer, Assistant Director of Public Prosecutions (DPP) Ms. Rachel Bikhole, welcomed the participants and facilitators to the Mpigi Regional Office. She appreciated the Departments of Land Crimes and Witness Protection and Victim Empowerment for collaborating with the Regional Office to equip prosecutors and investigators with the knowledge and skills necessary to improve service delivery.

The Head of the Department of Land Crimes, Mr. Andrew Odiit, noted that the engagement was timely, given that the region has the highest number of registered land cases in Central Uganda. He expressed optimism that the engagement would provide a valuable platform for sharing experiences, addressing existing challenges and identifying practical solutions to improve the management of land crimes.

Participants received presentations from Mr. Atuhaire Godwin, the Registrar of Titles at Mpigi Zonal Office, who took them through land transfers and registration in Uganda. He explained the procedures and requirements for effective land registration, equipping participants with a better understanding of the processes involved in land transactions and documentation.

Assistant Director of Public Prosecutions Dr. Daisy Nabasitu and Deputy Assistant Superintendent of Police (D/ASP) Bernice Aine respectively made presentations on the prosecution and investigation of land crimes. They highlighted the challenges encountered in handling land-related offences and shared best practices to strengthen investigations and prosecutions.

The Head of the Department of Witness Protection and Victim Empowerment, Mr. Charles Kaamuli, sensitised participants on the legal framework governing witness protection, including the circumstances under which a person may qualify for protection under the law. He also emphasised the importance of empowering victims by guiding them through court processes, explaining what is expected of them and keeping them informed about developments in their cases.

Mr. Kaamuli urged prosecutors to make greater use of the Department of Witness Protection and Victim Empowerment, particularly in cases involving vulnerable witnesses who may require protection and support throughout the criminal justice process.

The engagement underscored the importance of collaboration among prosecutors, investigators and other stakeholders in addressing land crimes, protecting vulnerable witnesses and upholding victims’ rights.

Source: ugstandard.com

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