Resource Governance

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.

Recent disclosures under the Extractive Industries Transparency Initiative (EITI) have been critical in exposing these discrepancies by comparing national export data with international trade statistics. These findings have reframed gold smuggling as a systemic governance and fiscal challenge and have prompted renewed policy attention on curbing IFFs, strengthening traceability, and improving revenue capture in Cameroon’s gold sector. This update examines how EITI-exposed discrepancies in Cameroon’s gold export data have brought illicit financial flows into sharp focus, triggered government enforcement measures, and highlighted the role of global trading hubs, particularly the UAE, in facilitating revenue losses from Africa’s extractive sectors.