MEDIA FOR CHANGE NETWORK
The Kenyan government insists on maintaining provisions of the Seed Act that the court nullified: farmers and legal experts question the motive.
Published
5 months agoon

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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MEDIA FOR CHANGE NETWORK
New MPs to undergo orientation on land governance
Published
13 hours agoon
July 14, 2026
KAMPALA – Members of Uganda’s 12th Parliament are set to participate in a high-level orientation on land governance on 17th July 2026 at the Parliamentary Conference Hall, in a move aimed at strengthening legislators’ understanding of one of the country’s most complex and sensitive development issues.
The orientation, organised by the Uganda Parliamentarians Land Management Forum (UPLMF) in collaboration with the Ministry of Lands, Housing and Urban Development, will bring together Members of Parliament, government officials, development partners, technical experts and civil society organisations to discuss emerging land governance challenges and the role of Parliament in promoting equitable, transparent and sustainable land management. Land remains a critical national asset that underpins agriculture, investment, infrastructure development, environmental conservation and social stability.
However, persistent challenges such as land conflicts, illegal evictions, insecure land tenure, weak land administration systems and limited public awareness continue to hindersocio-economic transformation. Parliament has consistently identified land governance as a priority area requiring stronger legislative oversight and policy implementation.
The orientation is expected to equip legislators with practical knowledge on Uganda’s land laws, the National Land Policy, customary and statutory land tenure systems, land administration institutions, and the rights and responsibilities of citizens. Special attention will also be given to gender-responsive land governance, dispute resolution mechanisms, and the importance of protecting vulnerable groups, including women and youth, in accessing and owning land.
Participants will engage with experts from government, academia, development partners and civil society, providing an opportunity to exchange experiences and identify policy interventions that can strengthen land governance across the country.
According Charles Opolot, the orientation comes at an important time as the new Parliament begins its legislative work. It is expected to prepare Members of Parliament to effectively debate land-related legislation, scrutinise government programmes, monitor implementation of land policies and respond to constituents’ concerns on land matters.
Charles Opolot, Advocacy and Partnership Manager with the forum, believes that well-informed legislators will contribute significantly to reducing land-related disputes, promoting responsible land administration and advancing inclusive national development.
The orientation has attracted support from development partners such as Oxfam, Pelum Uganda, Cordaid and Zoaamong others who committed to improving land governance and strengthening parliamentary engagement on land issues. It also reflects growing recognition that effective land governance is central to achieving sustainable development, food security, environmental protection and economic growth.
As Uganda continues to experience increasing pressure on land arising from population growth, urbanisation and commercial investment, stakeholders hope that the orientation will strengthen Parliament’s capacity to champion policies that promote justice, transparency and equitable access to land for all Ugandans.
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African communities demand land rights amid mining expansion
Published
4 days agoon
July 11, 2026
Community leaders, legal advocates and grassroots organisations meeting in Harare at the ongoing African Ecofeminism Convening have renewed calls for governments, mining companies and international financiers to respect community land rights as mining and large-scale development projects continue to displace families and threaten livelihoods.
Participants at the meeting shared first-hand experiences from Kenya, Zambia, Zimbabwe, South Africa and other African countries, highlighting how communities are losing ancestral land, facing forced relocations, and suffering from pollution, inadequate compensation and limited participation in decisions that directly affect their lives.
They stressed that communities should not be treated as obstacles to development but as rightful custodians of their land whose voices must be heard before any mining or infrastructure project is approved.
“We cannot continue to see communities paying the price for development while receiving little or no benefit,” Dr Melania Chiponda, Executive Director, Shine Collab, a global feminist movement of CSOs, community groups and Faith groups said during the discussions. “Development must respect people’s rights, culture and dignity. We are demanding that land compensation must in kind and not cash; land for land,” added Dr Chiponda.
Tricia Abwooli, a lawyer working for GreenFaith Africa in Uganda raised several urgent concerns, including forced displacement of families without meaningful consultation, loss of ancestral land, cultural heritage and traditional livelihoods and environmental pollution affecting community health, particularly women and children.
Abwooli noted the compensation packages that fail to account for long-term social, cultural and economic losses, weak enforcement of legal protections and limited access to justice and [lack of transparency around mining licences, geological information and development agreements.
The meeting highlighted examples of the Hanyanya community resistance and successful advocacy. Participants from Hanyanya Community in Bikita, Zimbabwe shared experiences where organised communities used research, documentation, legal action and peaceful mobilisation to delay harmful projects, negotiate improved compensation and secure commitments for schools, clinics and other essential services.
Tapiwa Gorejena,a movement legal advisor in Zimbabwe called for stronger legal action where governments and corporations fail to meet their obligations. Strategic litigation, class actions, administrative justice processes and international legal mechanisms were identified as important tools for protecting community rights.
A key message from the meeting was that affected communities must document evidence of land loss, environmental damage and human rights violations to strengthen future legal cases and advocacy efforts.
The discussions further emphasised the importance of cross-border solidarity among African communities facing similar challenges. Participants agreed that communities can learn from one another by sharing legal strategies, advocacy experiences and successful models for defending land rights.
Concerns were also raised about international investment agreements and development initiatives that often prioritise foreign commercial interests while excluding local communities from decision-making. Participants called for greater transparency, stronger accountability and legally binding commitments that protect African communities.
The meeting concluded with several immediate priorities, including strengthening community awareness of land and environmental rights, expanding access to legal support for affected communities and building stronger networks among grassroots organisations across Africa.
They also called for investigation of legal options for challenging harmful mining and development projects and exploring the establishment of community-led tribunals to ensure the voices of affected people are heard in national and international decision-making.
Community organisations reaffirmed that lasting development can only be achieved when local people are fully consulted, fairly compensated and empowered to participate in decisions affecting their land and future.
Source: kbc.co.ke
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The untold struggle of community land right defenders in eastern DRC’s three-decade war.
Published
5 days agoon
July 10, 2026
By the Witness Radio team.
“My land is among the properties currently being used by rebels. I had purchased a plot right along Route 2, but an M23 officer is now renting it out to traders. He collects the fees for my own land while I suffer here in hiding. I cannot even call him, for fear of exposing myself to further danger.”
These are the words of a community land-right defender from North Kivu Province, eastern Democratic Republic of Congo (DRC), living in hiding after becoming a target for defending community land rights.
According to the defender, defending land rights has come at an enormous cost. He has lost access to his property, his livelihood, and his freedom of movement. A piece of land he legally acquired is now under the control of others, and he remains unable to challenge their occupation because doing so could put his life at risk.
His story reflects a growing reality across eastern DRC, where decades of conflict have made land one of the most contested resources. As armed groups expand territorial control, communities say homes, farms, grazing areas, and commercial properties are being seized, leaving millions displaced and land rights defenders increasingly vulnerable.
Eastern DRC has endured armed conflict for more than three decades. The violence has involved government forces and multiple armed groups competing for political influence, territory, and control over valuable resources.
Since its resurgence in 2021, the March 23 Movement (M23), operating under the AFC/M23 coalition, has captured large areas of North and South Kivu, some of the country’s most strategic and resource-rich provinces.
According to the United Nations Group of Experts on the Democratic Republic of the Congo’s July 2025 report, the control of large parts of North and South Kivu by AFC/M23 secured access to mineral-rich territories and fertile land, while increasing Rwanda’s influence in the DRC.
The report highlights the strategic importance of territorial control in the conflict, where access to natural resources, productive land, and key areas is closely linked to armed groups’ expansion and regional influence.
For communities living in these territories, territorial control has brought displacement, insecurity, and loss of ancestral land.
According to the United Nations, more than seven million people are internally displaced across the Democratic Republic of Congo, making it one of the world’s largest displacement crises.
Many displaced people who spoke to the Witness Radio team say that when fighting forces drive them from their homes, their property often becomes vulnerable to occupation.
“Many people are suffering in silence. Throughout the territory, homes, fields, and plots are being seized by force while people are being driven out so that others can settle in undisturbed. Rwandans are leaving their homes to occupy local owners’ properties. We are helpless and suffering in silence,” he said.
Another defender, whom Witness Radio identifies as Mwamba for security reasons, says his family’s struggle over land has lasted for generations and has been shaped by armed conflict.
Mwamba says his father, a traditional chief, farmer, and landowner in North Kivu, was targeted during the years of rebellion and that their family land, measuring approximately 240 hectares, was taken over.
Before the land was seized, the family ran a farm with livestock, including about 550 cattle, 250 sheep and goats, and 50 pigs.
According to Mwamba, the livestock were looted, houses were destroyed, and the farm was occupied by armed actors linked to the AFC/M23 movement during successive periods of conflict.
“My whole life, there has been conflict over our family’s property. Since the 1990s, we have never been able to use our land in peace,” he said.
The human cost has been greater than the economic losses, leading to the deaths of his family members. He recalls, “In 1997, my three older brothers were captured on the road and killed by the same group that had grabbed our land. When I later tried to organize my family to reclaim what belongs to us, I received death threats too. I had to flee because I believed I would be next.”
Today, his family lives in poverty while watching others profit from land they say has belonged to them for generations.
“All family members left to save their lives. The farm is still in their hands, and we cannot even approach it,” he said.
Also, human rights lawyer Ngoma, whose real name is withheld for safety reasons, says defending victims of land grabbing and other abuses became a threat to his own survival.
For more than a decade, Ngoma represented marginalized communities seeking justice for land seizures, killings, sexual violence, torture, and other abuses committed during the conflict.
But when M23 fighters took control of his area, his work put him in danger.
“I felt constantly at risk, to the point of receiving death threats from the very people against whom we were litigating. I faced numerous threats to my own safety and that of my family. I was forced to change my phone numbers, cut communication with people, and I could no longer move freely as a citizen,” he told Witness Radio in an exclusive interview.
Like many other human rights defenders, Ngoma eventually fled and went into hiding for safety, but the conflict and its far-reaching costs to victims remained. His departure disrupted his life and left many victims without legal representation when they needed it most. For communities whose land had been seized or whose relatives had been killed, lawyers and land defenders are often the only link to justice. When they are forced into exile or silence through threats and intimidation, victims are left with few avenues to challenge abuses, document violations, or pursue accountability.
“When the conflict escalated, that marked the beginning of my ordeal. My life was thrown into turmoil. I was forced to flee and constantly protect my family from possible attacks,” he added.
His experience reflects a wider pattern across eastern DRC, where attacks on lawyers, land defenders, and human rights activists have weakened community efforts to resist land dispossession and seek justice. As those documenting abuses are driven into hiding, armed groups tighten their control over contested territories, while many displaced families are left without the legal and human rights support needed to reclaim their land or defend their rights.
Residents say that when armed groups capture territory and civilians flee, abandoned properties can become vulnerable to occupation. Families who later attempt to return often face intimidation, threats, or the inability to reclaim their land.
Researchers widely agree that the conflict in eastern DRC has multiple overlapping drivers, including competition for political power, ethnic tensions, control of mineral resources, weak governance, and territorial control. Within this broader conflict, land remains a critical source of both livelihoods and strategic influence, making it a frequent point of contestation between armed groups and displaced communities.
Dr. Deborah S. Rogers, the International Outreach Coordinator for the coalition Mobilization for the Safeguarding of Congolese Sovereignty and Autonomy (MOSSAC), told Witness Radio that, in her view, Rwanda’s involvement in eastern DRC is closely linked to territorial expansion.
According to Dr. Rogers, Rwanda’s limited land area and growing population have increased the importance of securing additional territory. She argued that in areas under the control of the AFC/M23, civilians are frequently driven from their homes through violence and intimidation. When displaced families later attempt to return, she said, many discover that their land has already been occupied by people she identifies as Rwandans.
Human rights organizations have repeatedly raised concerns about attacks against those documenting abuses and supporting affected communities.
Between November 2025 and February 2026, several human rights defenders in North and South Kivu were reportedly targeted because of their work, according to the United Nations.
In January 2026, UN human rights experts expressed concern over allegations of attempted killings, kidnappings, torture, sexual violence, and death threats targeting defenders and their families.
The attacks have forced many defenders to choose between abandoning their work and risking their lives.
Despite years of displacement and violence, many affected families still hope to return to their ancestral lands.
“The land belongs to our families. We have lost so much, but we have not lost hope. One day, we believe justice will allow us to return,” Mwemba told our team.
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