KEPHIS Warns Proposed Seed Law Could Jeopardize Food Security

In Summary

• KEPHIS opposes Seeds and Plant Varieties (Amendment) Bill 2025, citing risks to food security.
• Bill proposes shifting seed regulation from KEPHIS to KEBS, creating a dual system.
• KEPHIS warns of confusion, weaker oversight, and rise in counterfeit seeds.
• Proposed “standard seed” category could allow low-quality seeds with 30% germination rates.
• Farmers fear exploitation; 15 have filed a lawsuit against existing seed laws.
• Senate to review public feedback by August 15, 2025, for final decision.

The Kenya Plant Health Inspectorate Service (KEPHIS) has raised alarms over the proposed Seeds and Plant Varieties (Amendment) Bill 2025, warning that it could undermine food security and expose farmers to substandard and counterfeit seeds. The bill, sponsored by Narok Senator Ledama Olekina, seeks to transfer seed regulation from KEPHIS to the Kenya Bureau of Standards (KEBS), introducing a parallel “standards-based” registration system to speed up seed approvals. KEPHIS argues this would create confusion and dilute its regulatory authority, threatening Kenya’s agricultural integrity.

KEPHIS Managing Director Prof. Theophilus Mutui, speaking during a stakeholder forum in Uasin Gishu on July 31, 2025, criticized the bill’s proposal for a “standard seed” category, which could bypass rigorous field testing. “Certified seeds undergo strict checks to ensure at least 70% germination. This new category risks allowing seeds with as low as 30% germination, endangering farmers and food security,” he said. Mutui also highlighted that KEPHIS oversees every stage of seed production, from grower registration to supply chain monitoring, a role that could be undermined by KEBS oversight.

The bill, read for the first time on July 9, 2025, and now under review by the Senate Committee on Agriculture, Livestock, and Fisheries, aims to reduce delays in seed certification, which can take up to four years. Olekina argues it will enhance access to climate-resilient seeds and foster innovation. However, KEPHIS warns that bypassing National Performance Trials for lab-based approvals could lead to poor-performing varieties, especially in diverse agro-ecological zones.

Farmers echo KEPHIS’s concerns. In Machakos, 15 farmers filed a lawsuit in July 2022 challenging the Seeds and Plant Varieties Act (Cap 326), arguing it criminalizes traditional seed-sharing and favors corporate breeders. The case, set for hearing on August 20, 2025, claims the act violates constitutional rights to food, property, and cultural heritage. “The new bill could worsen this by opening the door to fake seeds,” said petitioner Mary Wambui.

Greenpeace Africa and local farmers have long criticized the act’s punitive measures, including fines up to KSh 1 million or two-year jail terms for sharing uncertified indigenous seeds, which are vital for climate resilience. KEPHIS clarifies that non-commercial seed-sharing is allowed, but commercial sales require certification to protect farmers from low-quality seeds.

The AFA and KEPHIS have intensified efforts against counterfeit seeds, intercepting KSh 50 million worth in Bungoma in July 2025. However, farmers like John Omondi from Trans Nzoia worry about regulatory overlaps. “If KEBS and KEPHIS both regulate, who do we trust for quality seeds?” he asked.

The Senate is collecting public feedback until August 15, 2025, to inform its final report. KEPHIS urges stakeholders to prioritize robust oversight to safeguard Kenya’s food security and farmer livelihoods.