UN experts have hailed a groundbreaking decision by the High Court of Kenya that strikes down sections of the Seed and Plant Varieties Act which had effectively criminalised farmers for saving, exchanging or selling Indigenous and farm-saved seeds.
According to the UN Working Group on Peasants and rural communities, the judgment affirms that seed sharing is not an offence but an essential part of peasant identity, resilience and their role in sustaining national food systems.
The Court ruled that provisions giving breeders and seed companies exclusive commercial rights, and threatening farmers with up to two years in prison, violated fundamental rights linked to life, livelihood and food. Judges stressed that traditional seed practices have shaped Kenya’s food security and cultural heritage for generations.
UN experts said the ruling sends an important reminder that human rights, food security and biodiversity must not be overshadowed by restrictive intellectual property rules. Similar laws influenced by the UPOV 1991 model have been adopted in several countries, posing threats to Indigenous and peasant farming traditions.
The judgment aligns with the UN Declaration on the Rights of Peasants, which explicitly recognises the right to save, use, exchange and sell farm-saved seeds. The Working Group highlighted that States must design seed policies and intellectual property frameworks in ways that uphold these rights and support peasant-managed seed systems.
Experts also emphasised the vital role of courts in ensuring national laws reflect international human rights standards. They praised Kenyan farmers, Indigenous communities and civil society groups whose persistence led to this outcome, calling it an inspiring example for movements around the world.
They added that the ruling should encourage other countries to review their seed laws through a human-rights-first lens.
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