Intellectual Property

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.

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.

This book is a timely addition to emerging studies on the world’s largest Free Trade Area represented by the African Continental Free Trade Agreement (AfCFTA). Its introduction to the subject of economic integration in Africa under the AfCFTA marks a very crucial intervention as African countries begin to implement the phases of the AfCFTA as envisaged in the agreement. The AfCFTA represents the latest attempt at continent-wide economic integration to bring economic prosperity to the 55 economies that form the African regional market which is inclusive of smaller economies, albeit with great human and economic potential. When fully implemented, the AfCFTA is expected to propel Africa’s current income by as much as 7% by generating an additional income of USD 450 billion.

It could be boldly stated that Collins Ajibo, through his book titled The African Continental Free Trade Area Agreement: Legal and Policy Frameworks, sets out to fill this gap. The book provides a comprehensive assessment of African economic integration through the lens of International Economic Law. Its analysis is contextualised within the prevailing regional economic integrations, the WTO and the peculiarity of the AfCFTA. It also illustrates the complex interplay of diverse factors that shape the AfCFTA. In doing so, the book accomplishes these by providing interpretative guidance on the AfCFTA; providing guidance to traders, investors, and businesses to optimise opportunities afforded by the AfCFTA; and proffering suggestions to make the AfCFTA successful, that is to achieve sustainable development, Sustainable Development Goals, and other extant objectives. However, the book notes that the realisation of the above objectives is hugely dependent on the low development dynamics.

The African Continental Free Trade Area Agreement: Legal and Policy Frameworks provides a comprehensive assessment of the African economic integration through the prism and principles of international economic law. The analysis is contextualized within the prevailing regional economic integrations, the WTO and the peculiarity of the African Continental Free Trade Area (AfCFTA). Similarly, legal analysis is bolstered by the political economy of the AfCFTA, illustrating the complex interplay of diverse factors that shape the AfCFTA.

China is the largest developing country with a GDP of USD17.82 trillion, while Africa boasts of a conglomeration of the highest number of developing countries under the largest regional free trade mechanism – the African Continental Free Trade Area (AfCFTA) – with a collective GDP of USD3.4 trillion. China is Africa’s largest bilateral trade partner. Trade between China and Africa stood at USD282 billion in 2023. China and Africa appreciate the significance of IP rights to fostering bilateral, and intra-regional (Africa), trade. Little wonders, therefore, international cooperation on IP rights forms a key strategy for achieving the objectives of China’s Belt and Road Initiative (BRI), and the AfCFTA agreement. As the 9th Forum on China-Africa Cooperation (FOCAC), which was established in 2000, holds in China from 4-6 September with possible focus on green energy, ICTs and technology development, it is important to examine the continued prominence of IP issues in China-Africa relations.

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law. News and Events with a Global South focus are also often included.

In different epochs of our world, the idea of copyright has been thought about and debated by different scholars and philosophers. Most commonly, such debates find resonance in scholarly interlocutory about intellectual property law justificatory theories. On limited occasions, copyright scholarship ventures into studying the jurisprudence of copyright, that is the consciousness and the conscience of the discipline. In his offering, The Right to Research in Africa: Exploring the Copyright and Human Rights Interface, Oriakhogba remarkably studies copyright in the context of Human Rights. From the onset, it is refreshing that Oriakhogba takes the task of engaging copyright outside of the strict positivist and largely mercantilist strictures that often insist on thinking about copyright purely within the ambit of trade. The book’s argument is propounded in five chapters. Following the introduction, the second chapter examines the state of research in Africa, and the challenge that copyright poses to the question of access to information. The third chapter places its focus on international and regional human rights framework. The fourth chapter, which is the focus of this essay, discusses the national constitutions and frameworks for the protection of human rights to ascertain whether they support the development of the right to research. The fifth chapter, which concludes the book, summarily uses the insights from prior chapter’s to substantively respond to the question whether the right to research is justifiable in the context of Africa.

The Right to Research in Africa: Exploring the Interface between Copyright and Human Rights, a book authored by Desmond Oriakhogba, was published by Springer Nature in 2023. The book examined international and regional human rights instruments to which African countries have subscribed, as well as those relevant to the African context, and the national bills of rights and constitutions in Africa with the aim of constructing an explicit right to research in Africa.