Small holder farmers in the country risk 2 years imprisonment or a fine of up to 1 million shillings or both when found to be selling or distributing unregistered and uncertified seeds. This is according to the Seeds and Plants Varieties Act, 2012 which controls the sale, distribution and multiplication of seeds in Kenya.
This law has limited agriculture in Kenya, with farmers decrying the high cost of certified seeds as well as the rising cost of fertilizers which are required to sustain these crops. They are calling on the government to review this law that is limiting food production as well as crop diversity in the country.
Kenya adopted the International Convention for the Protection of New Varieties of Plants (UPOV) in 1999 which according to Daniel Wanjama, Director, Seed Savers Network-Kenya, should be reconsidered as it vastly hinders the freedom of farmers.
“Currently, negotiations are ongoing on how there can be fair and equitable sharing of the benefits arising out of the use of all plant genetic resources. This being the objective of the International Treaty on Plant Genetic Resources for Food and Agriculture, will see to it that smallholder farmers in the country can propagate and sell seeds of their liking making a living from the propagation and sale of seeds,” he said.
Hundreds of seed varieties have been registered in Kenya. While one may think that that is a lot, agroecological farmers insist that a larger percentage of seeds in the market are actually uncertified.
For close to 12 years, Seed Savers Network has encouraged farmers to practice seed banking. The practice involves storing some part of the harvest for planting in the next season. This has seen farmers save money that they may have used to purchase seeds whose harvest cannot be used as seeds during the next planting season, ending the culture of excessive dependence on purchasing seeds from agrovets.
Rebecca Muthoni, 70,shares her success story, highlighting the practice of agroecology using self-saved and reused seeds over the years. However, she points out the restrictive nature of seed laws in the country limiting basic seed access. This limits the options available to farmers, predominantly leaving them with hybrid and Genetically Modified Organism (GMO) seeds.
“To cut down on the cost of farming, I adopted seed saving of local seed varieties which over the years have attracted attention from my neighbours and other farmers who would want to plant them as well. However, although safe, resilient and high yielding, they are neither registered nor certified. Therefore, I cannot sell or share them else I’ll have to face the law when caught. Some people have also patented their seeds and thus cannot be used by people like me should I be interested,” she said.
During a workshop held at Seed Savers Network on 19th and 20th July, 2023, Rebecca was among the over twenty farmers from various farming groups in Kenya who received training on how they can have their seeds which are mostly indigenous seeds registered even as Seed Savers and other like minded organizations push for the introduction of the Open Source Seed (OSS) system in the country. Another key aspect taught during the workshop was how women can run sustainable seed enterprises.
Julia Kamau, Head of Programmes at Seed Savers Network, emphasizes that farmers can navigate existing policies and regulations by either registering their seeds or engaging in negotiations with plant breeders to obtain the rights to propagate already registered seed varieties. Furthermore, she highlights that farmers can gain access to varieties whose Plant Breeders Rights (PBRs) have expired.
“As we hope that the government will review the policies and regulations limiting free seed use, we can always work around and make use of the other available options. We can register our seeds or negotiate with plant breeders to give us the rights to propagate seeds that are already registered,” she said.
She also noted that farmers can work with plant breeders who registered and acquired patents to their crop varieties over twenty years ago to identify and negotiate on getting the crops genetic materials from the breeders for propagation. This is because, subject to the payment of renewal fees, Plant Breeders Rights (PRBs) are in force for 25 years for vines and trees, and for 20 years for all other plant varieties, calculated from the date of grant in line with the Plant Varieties Rights.
The H512 maize variety owned by Kenya Seed Company/KARI for example registered in 1970 should be open for free propagation by the public having completed 53 years since it was first registered. PBRs of 56 more varieties of maize alone and 16 bean varieties including Rose Coco and Mwezi Moja have also expired which makes them free for propagation by farmers should their PBRs remain unrenewed.
Selina Chepsat, an agroecological farmer based in Baringo, said that indigenous seeds which she has saved close to three and a half years are resistant to tough climatic conditions and diseases and are the answer to the food security problem currently ongoing in the country as a result of failed rain seasons.
“In Baringo, most farmers are contracted by Kenya Seed Company to propagate maize varieties which cover large tracts of land. This has had a negative effect on the diversity of food crops available in the area. During the last season, most farmers had very little to no harvest because we received very little rainfall. However myself and those in my farming group reaped because we have been using our saved indigenous seeds.” She said.
She added that despite the fact that contract seed propagation fetches money for farmers it was not sustainable because farmers surrender all the crops to the company and are left with no food themselves. “I have passed the knowledge gained from Seed Savers to my community. Without practicing sustainable methods of farming such as water harvesting, and seed saving, we are likely to remain stuck in the food insecurity crisis,” She added.
She further said that she was ready to share her gems with other farmers without hiding. “If I could sell my seeds, I would make a lot more money to sustain my family. Thanks to the training I have known that I can register my seeds and can also propagate already registered varieties by acquiring genetic material from the breeder after identifying the seed I want. However, these processes may be draining and would be made easier if the government reviewed seed laws making them more lenient,” she said.
Lilian Samoei, an agronomist from Egerton University, said that seed activists are pushing for the Open Source Seed System which will remove restrictions on seed use making it open for everyone to avail their seeds to the market and also use and multiply seeds freely.
Initiatives promoting seed registration and advocating for an Open Source Seed System hold promise in empowering farmers across Kenya to access more indigenous seeds. These efforts are crucial in addressing food security challenges and fostering agricultural diversity. They will also ensure that smallholder farmers are able to run successful seed enterprises.