Indigenous Knowledge

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.