KEPHIS warns Seeds and Plant Varieties Bill 2025 could undermine oversight, fuel counterfeits

The Kenya Plant Health Inspectorate Service (KEPHIS) Board has raised concerns over the proposed Seeds and Plant Varieties (Amendment) Bill 2025, cautioning that it could significantly weaken oversight mechanisms and pave the way for counterfeit seed products in Kenya’s agriculture sector.

According to KEPHIS Managing Director Prof. Theophilus Mutui, the Bill introduces a dual certification system, giving the Kenya Bureau of Standards (KEBS) the power to independently certify seeds alongside KEPHIS. Prof. Mutui warned this could confuse farmers about where to seek certified seeds and dilute government regulatory authority.

“Farmers will be left uncertain about which agency to approach for certified seeds,” said Mutui during a visit to the Uasin Gishu County Commissioner’s office, emphasising that quality assurance would suffer if seed producers assess their own seeds.

Currently, KEPHIS conducts stringent checks at every stage—from breeder seed to certified stage—ensuring high germination rates, purity, and performance under National Performance Trials (NPTs). These trials are conducted over two seasons to assess real-world suitability.

By contrast, the new Bill proposes a “standard seed” category and allows seed developers to register their own products based only on lab tests. Prof. Mutui described this as “misleading and potentially dangerous,” noting that seeds labelled “standard” could have as low as a 30 percent germination rate.

He added that bypassing field trials could result in varieties that perform well under laboratory conditions but fail under actual farming environments. “A variety might do well in high-altitude Kitale but flop in Ukambani or the Coast — without field trials, farmers will suffer,” he warned.

KEPHIS Board Chairperson Joseph M’uthari echoed these concerns, urging farmers to continue using KEPHIS-endorsed soil testing and certified planting materials to secure quality inputs.

In contrast, Senate sponsor Narok Senator Ledama Olekina defended the Bill. He argued that KEPHIS’s seed approval process is slow and bureaucratic, often taking up to four years to approve new, climate-resilient varieties. Registration through KEBS, he said, would reduce this to as little as six months.

“The new framework will increase farmers’ access to quality seeds, boost innovation, enhance food security, and foster sustainable agricultural growth,” Olekina told stakeholders.

The Bill was first read in Parliament on July 9, 2025, and is now with the Senate Committee on Agriculture, Livestock and Fisheries. The committee is scheduled to report back by July 29, 2025, following public consultations.

Diverging Visions for Kenyan Agriculture

• KEPHIS insists that maintaining robust government supervision, including mandatory NPTs and serial inspections, is crucial to protecting farmers and the integrity of seeds.
• Bill proponents argue the current regulatory model is outdated and impedes timely access to innovative and climate-adapted seed varieties.

As public hearings commence, the debate’s crux remains: balancing efficiency and innovation against stringent quality control and regulatory oversight. With policymakers, regulatory bodies, and seed developers at odds, all eyes are on the Senate’s recommendations before the end-of-month deadline.