Analysis

The Air Transport Industry in Africa: A Legal Analysis of the Single African Air Transport Market makes a significant and timely contribution by synthesizing these domains into a coherent analytical narrative. Across nine chapters, the book situates the Single African Air Transport Market (SAATM) not merely as a sectoral reform initiative, but as a continental economic governance project embedded within the broader African Union integration architecture.

It is such delight to introduce this Review Symposium on my book, The Air Transport Industry in Africa: A Legal Analysis of the Single African Air Transport Market, published by Routledge in 2025. Convened by Afronomicslaw, the leading blog on international law and international economic law issues relating to Africa and the Global South, the symposium brings together a distinguished group of scholars and practitioners in air law who constructively engage with the book’s arguments, scope, and contribution to African air transport law and regional integration debates.

In a joint statement released on 6 May 2026, the Republic of Guinea, Emirates Global Aluminium (EGA), and its subsidiary Guinea Alumina Corporation (GAC) announced that they had reached an agreement to “definitively” settle the disputes arising from the suspension of GAC’s activities and the interruption of Guinean bauxite supplies to EGA.

The article analyses the High Court’s decision in Wathome & 14 others v Kenya Plant Health Inspectorate Service & another; Greenpeace Environmental Kenya & 2 others (Interested Parties) [2025] KEHC 18166 (KLR) (the Wathome Decision), focusing on the arguments advanced and the Court’s response to the tension between plant variety protection and farmers’ rights. Finally, it reflects on what a more balanced legal and policy framework might entail, while also engaging with emerging challenges related to the place of genetically modified crops and the growing reliance on toxic agrochemical inputs in food production.

In late November 2025, the Machakos High Court in Kenya issued an unprecedented judgment that was noteworthy. The judgment was not limited to legal correction; it struck down the key provisions of the Seed and Plant Varieties Act (SPVA). It was a strong assertion of humanity’s dignity, culture, and the right to eco-justice. The Court aligned Kenyan law with constitutional values and international human rights obligations by declaring unconstitutional the laws that criminalized the saving, sharing, and sale of farm-saved and Indigenous seeds. The UN human rights experts have recognised this judgement as a landmark for the rights of peasants and food security, and declare it a strong rebuttal against the international trade of seeds through restrictive IP regimes.

What sets this collection apart is its drive to go beyond mere descriptions of IP frameworks in Africa and engage in a more thoughtful normative discussion. The contributors reject the notion that global IP norms are the unavoidable end goals. Instead, they critically examine these standards. This is especially relevant considering the powerful influence of the TRIPS Agreement (World Trade Organisation [WTO], 1994), which has largely dictated the contours of IP policy for African nations. The central thesis of the book—that IP should be regarded as a policy instrument rather than an unchangeable law—resonates with longstanding critiques, such as Peter Drahos and Joseph Stiglitz, but grounds them in the realities faced by contemporary African nations.

This volume weaves through an analysis of Intellectual Property Rights as integrated with sustainable development. The contribution of IP in the achievement of sustainable development goals is brought out through nineteen chapters. This review is not a chapter-by-chapter exploration. However, it starts with a general outlook of the work presented in this book as summarized in the first chapter, highlighting key points of significance. The review follows up with a few other positive pointers to be appreciated in the general context of the work, before picking out on underlying gaps that generally stand out in all the chapters.

Through case and thematic analyses drawn from specific African countries and regional organizations, the book explores the intersection of IP with crucial sectors that are key to advancing sustainable development in Africa. In particular, the book situates the IP and sustainable development conversation within the context of agriculture and food security, access to medicines and public health, gender empowerment, small business development, innovation and patent quality, financing, innovation, entrepreneurship and commercialization, data protection, traditional knowledge and artificial intelligence in Africa. In this connection, the book explores the interaction between IP rights and the United Nations Sustainable Development Goals, which are also articulated in the African Union’s development objectives (Agenda 2063).

The 2025 landmark judgment by the High Court of Kenya in the case of Samuel Wathome and 14 others v Kenya Plant Health Inspectorate Service and another (Samuel Wathome case) fundamentally reaffirmed a broad conceptualization of the previously diminished farmers’ rights to save, exchange, and sell seeds. There had previously been a discernible trend, since the year 2012, of undermining the farmers’ rights through domestic legislation and the ratification of the 1991 International Union for the Protection of New Varieties of Plants (UPOV) Treaty in 2016. Until the 2025 High Court Judgment, the ratification of UPOV 1991 and consecutive amendments to the Seeds and Plant Varieties Act (SPVA) and its implementation Regulations had resulted in an extremely liberal conceptualization of plant breeder’s rights (PBRs) to an extent that they were patent like. The 2022 amendments to the SPVA and implementing Regulations particularly proceeded to the extent of criminalizing the exchange of ‘unregistered’, ‘uncertified’ and ‘unindexed’ indigenous seeds that have, historically, been part of the African commons.

As debates on seeds and plant varieties continue to evolve in Kenya, this symposium reflects on the case and its significance for the future of seed and plant variety protection in the country. In addition to this introduction, the Symposium comprises three contributions: Tom Kabau’s “Kenya’s Seeds Case: The Enduring African Commons of Plant Genetic Resources,” Wambugu Wanjohi’s “Beyond Breeder Rights: Reclaiming Seed Sovereignty, Food Justice and Cultural Autonomy in Kenya,” and Brian Kibet’s “Whose Seeds, Whose Future? Seed Sovereignty and Farmers’ Rights in Kenya.” Kabau argues that the High Court’s judgment is well-grounded in the realities of agricultural practice in Kenya and affirms the enduring character of plant genetic resources as part of the African commons.