Marigat women protect drought-resistant traditional maize through a community seed bank system.
Kenya’s seed law bans sharing uncertified seeds, pushing farmers to challenge it in court.
Local maize survived drought conditions where hybrid crops failed, proving its climate resilience.
The dry lowlands of Marigat have their lives tied to the cycle of the rains, deciding the fate of agriculture. A group of women have emerged from this very place, raising a legal battle to reshape the agricultural future of Kenya. The women of the community have taken the initiative to nurture a seed bank of traditional maize seeds amid dusty red soil and parched fields. These local varieties have been passed down through generations and have adapted to the harsh climate, thriving through droughts that modern commercial hybrid seeds often fail to withstand.
They have preserved and multiplied more than 20 varieties of local maize seeds that can withstand both drought and heat, a necessity for crops grown in an ever-changing climate. These seeds are stored in a community seed bank, allowing farmers to borrow them at the time of plantation. In exchange, farmers return an even larger quantity after harvest, which not only replenishes the stock but also strengthens the community’s resilience. The seeds do not require chemical fertilisers or pesticides, giving families an affordable way to put food on the table year after year. The model is deeply rooted in tradition while addressing survival, blending both aspects into one sustainable system.
The sharing and sale of these traditional seeds benefit both residents and farmers. However, it is technically illegal in Kenya under the Seeds and Plant Varieties Act (2012), which allows only certified seeds to be marketed. This requirement increases costs and favours commercial breeders. The legal framework has clashed with seed bank customs that provide farmers with reliable, good-quality seeds. While the government has defended the law as necessary to ensure seed quality, critics argue that it favors large commercial interests and undermines informal community seed systems.
The seed initiative has received significant support from a local NGO, Seed Savers Network, which works across Kenya to conserve agricultural biodiversity and strengthen community seed systems. The organisation has been active since 2009 and mobilises farmers, especially women to conserve, manage and share locally adapted varieties as a strategy for food security and climate resilience.
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The case saw renewed hope when Justice Rhoda Rutto ruled that major parts of the seed law were unconstitutional in November 2025, bringing national attention to the issue. She overturned restrictions that deemed the saving, sharing and sale of uncertified seeds by smallholder farmers illegal. The judgment struck down provisions that granted exclusive rights to commercial seed producers while penalising farmers. It also recognised the traditional practice of Farmer Managed Seed Systems as an essential part of food production and the cultural life of millions of Kenyans.
The ruling was a landmark victory that helped safeguard seed sovereignty, affirming farmers’ rights to choose, save and exchange seeds of their choice. However, the legal battle is not yet over, as the government plans to challenge the High Court’s ruling.
The struggle has also been supported by practical evidence from the ground. Farmers conducted experiments by sowing both hybrid and local seeds on the same farmland under identical conditions. The results showed that the local varieties survived and recovered after prolonged dry spells, while the hybrid seeds failed to produce a single cob, unable to withstand the local climatic conditions. With unpredictable rains becoming the new norm, seeds that can survive independently of external inputs are increasingly vital, a role traditional varieties continue to fulfil.
Seed sharing systems remain widespread in Kenya, with more than 100 communities engaging in similar practices, underscoring their importance and relevance. The people of Marigat are fighting not only to protect their seeds, but also to preserve an agricultural heritage that has sustained families for generations.
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