Only a few Kenyans are aware of the entire extent of the law's punitive nature, which has remained hidden from the public. The farming communities in Kenya who are aware of it are shocked that no public engagement was carried out prior to the adoption of this statute.
Greenpeace Africa’s Campaigner, Claire Nasike, says that the Kenya government has failed to do what it was supposed to do, which was to make laws to protect the ownership of native seeds, knowledge about these seeds and the intellectual property rights. The current laws on seeds support neo-colonialism and could make it easy for multinationals, big businesses, and other profit-driven organisations to steal local resources.
Kenya’s 2010 Constitution has made it clear that indigenous seeds, which are also called "informal seeds", exist and need to be protected. This is done by requiring parliament to pass laws that protect the ownership of indigenous seeds. As it is, the Seed and Plant Varieties Act Cap 326 of 2012 is in breach of the supreme law of the land.
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