Faith Masita
The National Biosafety Authority (NBA) has defended its mandate to regulate genetically modified organisms (GMOs) in Kenya, telling the court that it possesses the legal, technical and institutional capacity needed to oversee biotechnology products and ensure public safety.
Appearing before the court in a case challenging the use and regulation of GMOs, the authority argued that Kenya has established a comprehensive regulatory framework that governs the development, importation, testing, commercialization and monitoring of genetically modified products.
Authority Says Kenya Has Robust GMO Regulatory Framework
The NBA maintained that it was created under the Biosafety Act of 2009 specifically to supervise and control all activities involving GMOs. The authority told the court that it works alongside other government agencies to assess potential risks to human health, animal health and the environment before approving any GMO-related activity.
According to the authority, every GMO application undergoes a rigorous scientific review process that includes safety assessments, monitoring requirements and compliance checks. It added that approved products remain subject to post-release surveillance and market inspections to ensure they continue meeting regulatory standards.
The NBA further argued that claims suggesting Kenya lacks the capacity to regulate GMOs are unfounded, noting that the country has developed detailed regulations covering environmental release, importation, labeling, contained use and commercialization of biotechnology products.
The court case forms part of ongoing legal challenges surrounding the adoption of GMO technology in Kenya, a debate that has intensified since the government lifted a decade-long ban on GMO imports in 2022.
Several biotechnology products, including Bt cotton and Bt maize, have since moved through the regulatory process, while other products await commercialization amid continuing litigation.
The authority urged the court to recognize its statutory role and expertise, insisting that Kenya’s biosafety framework is designed to balance innovation, food security and environmental protection while safeguarding public health.
