• Kenya has a robust legal framework to regulate biosafety
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The decision by the Government of Kenya to lift a ban on the importation and use of Genetically Modified Organisms or substances in Kenya was the subject of much controversy.
Unfortunately, most of the debates on the issue took a political twist, making it more of a political duel and less of a process that seeks to impart knowledge and allow positive debates.
GMOs in Kenya are regulated by the Biosafety Act of 2009. The objectives of the Biosafety Act are to facilitate extensive research and minimise risks posed by GMOs, ensure adequate protection and safe handling of GMOs, and to establish a transparent, science-based process for making decisions around GMOs.
The Act further established the National Biosafety Authority, whose roles include determining applications for the use of GMOs, monitoring activities relating to use of GMOs, coordinating research on matters to do with GMOs and advising the government on measures relating to safe transfer and handling of GMOs.
Any person who wishes to conduct contained use activity (for example, research in a laboratory), introduce GMOs into the environment, import them or place them into the market, has to do so with approval from the Biosafety Authority. In making such application, they will furnish the Biosafety Authority with their personal information, information of the species of the organism and how they intend to handle it.
In reviewing any applications made to it, the Biosafety Authority is guided by the risk assessment criteria. The steps for risk assessment involve identifying the phenotypic and genotypic characteristics of the organism to see if there are any traits that could cause harm to animal and plant life and to the environment.
Once these are identified, the next step is to evaluate the likelihood of the organism causing harm, the potential consequences of such harm and an estimation of the overall risk posed by the GMO. The next step is to examine if the risks are manageable and, if so, how they can be managed.
If the organism has no risks associated with it, or the risks are minimal and can be effectively managed, approval of the same may be given. If not, then no approval will be made. Further, where there is lack of or inadequate scientific knowledge, the venture will not be allowed.
Where GMOs are supplied to markets, it is required that they be labelled in a manner that clearly distinguishes them from non-GMO products. Consumers must also be supplied with sufficient information on the products.
From the above, it can be argued that Kenya has a robust legal framework to regulate biosafety. The greatest problem is with the perception that genetically modified food substances may cause adverse health effects.
A study by a French scientist in 2012 linked GMOs to cancer, leading to a ban in many countries, Kenya being one of them. Changing this perception to allow proper research into these genuine concerns is an uphill task.
There have also been concerns raised particularly by farmers about the risk that introducing genetically modified foods may make them slaves to the companies that produce such foods. Such issues are worth looking into.