Koert Lindijer has been a correspondent in Africa for the Dutch newspaper NRC since 1983. He is the author of four books on African affairs.
Vendors enthusiastically wave carrots and rhubarb, lift fish high, and greet with chickens. Women and children lay out bags of onions or potatoes along the roadside, as trucks loaded with cabbage drive by. Anyone traveling through Kenya understands the source of the food: three-quarters of the population relies on smallholder farmers.
A legal dispute regarding seed sovereignty is now threatening the livelihoods of millions involved in this small-scale farming sector. Fifteen smallholder farmers have appealed to the Kenyan Supreme Court to challenge the constitutionality of the Seed and Plant Varieties Act. The court is anticipated to announce its decision in November.
They argue that this law criminalizes their way of life. The farmers argue that the law favors seed multinationals and undermines food security by prohibiting traditional methods, such as saving, sharing, or selling indigenous seeds. The government considers the law essential for agricultural quality and productivity. Anyone sharing indigenous seeds in the future could face up to two years in prison or a $10,000 fine.
Beatrix Wangui
Beatrix Wangui proudly strokes her pumpkins. She is one of fifteen plaintiffs in the lawsuit. “See how well they thrive on this chalky soil? I discovered this myself,” she says near the town of Gilgil in central Kenya. “It’s all about the connection between the farmer and his land. I use my own indigenous seeds, that’s why my field is so lush.”
She walks confidently through her field and past the pyramid shaped kitchen garden filled with spinach to a shed, where glass jars filled with seeds are on the shelves. “That’s my seed bank. I select the seeds, care for them, and share them with local farmers. Does that make me a criminal?”
On the edge of the Elmentaita Salt Lake, tinged pink by the flamingos, lies the field of the Seed Saver organization. “Would you please take off your shoes?” asks Daniel Wanjama before opening a meeting of his organization on the green grass. “You feel the connection to the land more when you’re barefoot.” He warns of the dangers of the controversial law. “Farmers can only provide for themselves if they’re allowed to use their native seeds. These seeds ensure biodiversity and are resilient to climate change. Criminalizing native seeds means criminalizing the foundation of our food system. And it puts us all at risk of hunger.”
Daniel Wanjama
Wanjama worked at the Ministry of Agriculture until he founded Seed Savers fifteen years ago. “Around 2007, the government promoted the Green Revolution, supported by the World Bank. By using artificial fertilizers, certified seeds, and pesticides, the government wanted to increase food production,” he says. The world’s major food corporations, such as Monsanto (now part of Bayer) and Syngenta, benefited from this, with non-governmental organizations like those of Bill Gates and Rockefeller as its main advocates.
This innovation—using artificial fertilizers, genetically modified seeds, and chemical pesticides—was intended by the government, as Wanjama noted, to benefit small farmers. However, the policy resulted in a reliance on large seed companies. “In the long run, the Green Revolution can’t work because small farmers barely operate on the national market; they produce too little on their fields of around two hectares. It might work in large-scale commercial agriculture, but not for us small farmers.”
Greenpeace Africa and the Kenya Bar Association back the lawsuit, stating that the prohibition on distributing native seeds infringes on human rights. However, this issue extends beyond legalities; it encompasses culture and traditions, as well as the relationships among farmers. In the past, farmers primarily grew crops for their own use; now, the government aims to transform agriculture into a profit-driven industry, which is weakening the bond between farmers and their land. “Among the Kikuyu people, it was taboo not to share seeds,” says Wanjama. That custom keeps the community together. There’s still a lot of cooperation in the countryside, there’s still a lot of ubuntu, especially when it comes to seed banks. Traditionally, farmers would always leave a small portion of their harvest by the roadside for needy people.
The introduction of certified seeds puts indigenous seeds at risk of vanishing, which is why farmers are pushing for the creation of seed banks. A section of Wanjama’s organization’s seed bank is located underground, where seeds are frozen and vacuum-sealed to stay viable for up to a hundred years. “We must protect our indigenous seeds before it’s too late. More than a hundred seed banks have now been established in Kenya. However, in this area alone, 35 seed varieties have already disappeared forever.”
The climb from the barren soil near Elmentaita to the highlands around the Aberdares Mountains leads to more fertile land. Dense forests once covered this area, with only a few fields at the edges. Now, the rolling fields are filling up, with only a few patches of primeval forest remaining on the depleted soil. The Green Revolution was supposed to change that.
A group of farmers has gathered around the village of Ndaragwa to learn about the lawsuit. “It’s vital for us,” says Joseph Ndirangu, a farmer and teacher. “First, the officials arrived, then the representatives of large seed companies. They promised us heaven on earth if we started using certified seeds. They lubricated us with honey. The first few years, the harvest was higher, but then it declined because the fertilizers were ruining our soil.”
His neighbor, Charles Waigwa, agrees. “Take potatoes,” he says. “They rot in the fields; they don’t keep well anymore. Previously, with our own seeds, they grew year-round and without pesticides.” Teresa Mukoma, in the group, also begins lamenting the seeds from the large companies. “You have to buy the whole package, including fertilizers and without using pesticides. Their seeds are expensive and not suitable for our soil, so we want to use the seeds of our ancestors. They don’t attract diseases and insects.”
David Kiruhi
The farmers of Ndaragwa know little about the lawsuit, but they are angry. “They told us that modern agriculture with artificial fertilizers would give us less work,” David Kiruhi fumes. “But that modern method doesn’t work. They’ve trapped us. We no longer listen to our ancestors but focus on television ads from companies promising us a bountiful harvest. We must fight back, overturn the law, and defend our independence.”
Extra information by Martine Kamsma
Green Revolution: Western multinationals dominate global seed trade
A handful of multinationals, including Bayer and Syngenta, sell approximately 60 percent of all commercial seeds worldwide. Through breeding and genetic modification, they have developed robust crops, with one major drawback: they cannot reproduce. Farmers must buy new seeds every year.
These innovations have undoubtedly contributed to the enormous growth in food production over the past century. Maize has been developed that requires less water and insecticides, and rice with lower methane emissions.
But not everyone benefits. And criticism is growing. These types of seeds, and the limited number of crops grown with them, threaten traditional knowledge and the wealth of local seeds and crops. This is detrimental to biodiversity and makes food patterns more one-sided. Hunger and poverty, however, have not disappeared.
This article was first published in NRC on 21-7-2025
