Dispute over seed control: KEPHIS denies proposed transfer of authority to KEBS
KEPHIS Raises Concerns over Proposed Seeds and Plant Varieties Amendment Bill
The Kenya Plant Health Inspectorate Service (KEPHIS) has expressed concerns about the Seeds and Plant Varieties Amendment Bill 2025, particularly regarding the proposed transfer of some of its regulatory powers to the Kenya Bureau of Standards (KEBS).
KEPHIS warns that the bill could lead to a rise in substandard and counterfeit seeds in the market, which is a significant threat to farmers and food security. The reason behind this apprehension is that the bill may dilute KEPHIS's regulatory role, potentially weakening seed quality control.
Another concern raised by KEPHIS is the creation of confusion among farmers. Introducing a dual certification system involving both KEPHIS and KEBS could complicate seed registration and availability, causing confusion for farmers about where to obtain reliable seed certification and oversight.
The bill also poses a risk of undermining KEPHIS’s crucial role in the seed production chain. If passed, KEBS would gain powers to register, certify, and monitor the marketing of seeds and plants, which could destabilize the existing seed regulatory system.
Prof. Theophilus Mutui, the Managing Director of KEPHIS, emphasised that the bill reflects a lack of understanding of how seed regulation functions in Kenya. He cautioned that KEBS taking on KEPHIS roles is misleading and potentially dangerous, particularly given the internationally recognized seed classes (breeder, pre-basic, basic, certified).
KEPHIS also has concerns about the proposed new seed category called “standard seed.” This category is intended to accelerate registration, but KEPHIS considers it misleading and risky for the seed industry and farmers.
In response to these concerns, KEPHIS has initiated a nationwide crackdown, collaborating with security forces to combat the sale of uncertified and fake seeds, particularly maize seeds, which pose a threat to food production. Prof. Mutui urged anyone with information about unscrupulous traders selling fake seeds to report them to the police or KEPHIS.
Although the bill aims to address delays in seed approval and to improve farmers' access to climate-resilient seeds by streamlining seed registration processes, KEPHIS contends that transferring powers to KEBS risks undermining seed quality regulation and farmer protection.
The crop varieties proposed by the amendment bill include Sudan Grass, Oats, Lupins, Chickpeas, Barley, Sunflower, Peas, Canola, Wheat, Mung Beans, Rhodes Grass, and others. However, Prof. Mutui argues that the standards-based registration system proposed in the bill is not recognized globally and could negatively impact Kenyan farmers' access to international markets.
In summary, KEPHIS's concerns relate to potential weakening of seed oversight, confusion caused by overlapping regulatory roles, the threat of counterfeit seeds, and dilution of KEPHIS’s regulatory authority if the Amendment Bill proceeds as proposed.
- KEPHIS has highlighted that the proposed Seeds and Plant Varieties Amendment Bill could lead to the surge of substandard and counterfeit seeds in the market, which could pose a significant threat to farmers and food security, due to the dilution of KEPHIS's regulatory role.
- Another worry raised by KEPHIS is the creation of a dual certification system, which could cause confusion among farmers regarding the procurement of reliable seed certification and oversight.
- The bill, if passed, could potentially undermine KEPHIS’s crucial role in the seed production chain, as KEBS would assume powers to register, certify, and monitor the marketing of seeds and plants, potentially destabilizing the existing seed regulatory system.
- KEPHIS has argued that the proposed new seed category called “standard seed” could be misleading and risky for the seed industry and farmers, as it is not aligned with globally recognized seed classes.
