The ban on unregistered seed sharing has been lifted!

By Erdly Agona

FARMERS HAVE BEEN waiting with bated breath for the ruling on seed sharing. Since the ban on the sales and sharing of unregistered seeds,
farmers have been unsettled on the matter, hoping that the verdict will someday be challenged.

The ban stipulated penalties of up to two years in prison and a fine of up to one million shillings for anyone who distributed unlicensed seeds.
However, this was overturned on 27th November 2025, by the Machakos High Court declaring that the ban on unregistered seed sales and sharing violates constitutional law. Following this ruling, it is therefore legally acceptable for farmers and seed bankers to share seeds. The
move has been celebrated primarily by the small holder community, and other practitioners in the agroecology space, as it opens opportunities for safeguarding indigenous seed heritage.

” The ban stipulated penalties of up to two years in prison and a fine of up to one million shillings for anyone who distributed unlicensed seeds”

The court established that traditional seeds and farmer seeds have the same value as commercial seeds. Indigenous seeds naturally adapt to local soils, pests, and weather patterns, reducing the need for chemical use. Farmers who use these seeds can reduce their costs while adopting environmentally friendly farming practices that help combat climate change.

The court’s decision protects our nation’s cultural heritage. Seeds serve as more than food sources because they are reminders of a community’s history and may serve as emblems of cultural identities. Indigenous varieties represent the resilience and cultural wisdom of past generations who propagate them through culturally developed selection and preservation methods; they tell a story of survival over periods of
drought. Communities have maintained seed preservation and exchange as their traditional means of transmitting knowledge between successive generations.

The new law creates an enabling environment for communities to establish seed banks and farmers to exchange seeds while sustaining the
posterity of the native crops. This serves as a reminder that food exists beyond market regulations; it is an integral part of human existence,
sewn in the fabric of man’s identity, history, and sustenance.

Erdly Agona works at Biovision Africa Trust As a farmer Feedback officer: Email: eagona@biovisionafrica.org