KISUMU, 4th June 2026 -The National Biosafety Authority told the Kisumu High Court Thursday that Kenya has the legal and technical capacity to regulate genetically modified organisms, as the hearing on open-field cultivation of Bt maize wrapped up.
NBA Acting Director for Biosafety Awareness, Risk and Collaborations Josphat Muchiri testified alongside two experts, defending the agency’s approval of Bacillus thuringiensis (Bt maize MON 89034) for cultivation and commercial release.
The case was filed by activists against NBA, the Ministry of Agriculture and Livestock Development (MoALD), Kenya Plant Health Inspectorate Service (KEPHIS), and the Council of Governors (CoGs). All parties have until July 2026 to file written submissions before Judge Joe Omido.
During cross-examination by State Counsel Matunda Montari, Muchiri said the country’s biosafety framework is “robust and tested,” and Kenyans should not be worried.
“The use of biotechnology to promote food security, nutrition and health is consistent with the State’s duty to ensure access to safe food and enhance national resilience to climate change and population growth,” he told the court.
Muchiri argued that Bt maize can help cut crop losses to pests and boost food security. He cited a 2023 Nairobi High Court ruling that affirmed NBA’s mandate to regulate GMOs.
He told the court every GMO undergoes lab, greenhouse and field trials to generate biosafety data on food, feed and environmental safety before approval.
“Where initial risk assessments show environmental or safety concerns, NBA requires pre-trial tests in contained environments as a precaution,” Muchiri said. He added the Authority has also run public awareness campaigns across counties on GM maize.
GMOs are not limited to agriculture, he noted, pointing to insulin production and COVID-19 vaccine development as medical applications.
“With the institutions we have, Kenyans can be confident their health and environment are in safe hands,” Muchiri said. “It cannot be true that all these agencies conspired to expose the population to the calamities alleged in the petition.”
According to the Biosafety Act, Cap 320, it gives NBA the mandate to approve any biotechnology product before it enters or is made in Kenya. Written submissions are due by July 2026 and Judge Omido will then set a date for judgment.
