KEPHIS opposes seeds Bill 2025, warns of weakened oversight and rise in counterfeit seeds

Farmers in Kilifi receiving seeds, irrigation kits, and water pumps to boost food production. (Farhiya Hussein)

By Lucy Mumbi
Monday, July 21, 2025

The Board said the Bill, which proposes to introduce a dual certification system involving the Kenya Bureau of Standards (KEBS), would create confusion among farmers and dilute KEPHIS’ regulatory role.

The Kenya Plant Health Inspectorate Service (KEPHIS) Board has opposed the Seeds and Plant Varieties (Amendment) Bill 2025, warning that its enactment could weaken government oversight and expose farmers to substandard and counterfeit seeds.

The Board said the Bill, which proposes to introduce a dual certification system involving the Kenya Bureau of Standards (KEBS), would create confusion among farmers and dilute KEPHIS’ regulatory role.

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Led by Managing Director Prof Theophilus Mutui, the board cautioned that the proposed law could compromise seed quality and undermine the government’s authority in seed regulation. Prof Mutui said farmers might be left uncertain about which agency to approach for certified seeds if Kebs is introduced as a co-regulator.

“If Kenya Bureau of Standards (KEBS) is brought in as a co-regulator, farmers will be left uncertain about which agency to approach for certified seeds,” he said.

Speaking during a visit to the Uasin Gishu County Commissioner’s office at the start of a stakeholder engagement forum, Prof Mutui warned that giving seed producers the responsibility to assess their own seed quality would sideline KEPHIS and the government’s role in quality assurance, potentially opening the door to counterfeit seeds.

“Giving seed producers the responsibility to determine the quality of their own seeds will erode government oversight and compromise seed quality,” Mutui said.

He confirmed that KEPHIS will submit a formal memorandum to the Senate opposing the proposed Bill.

Mutui, who was accompanied by members of the KEPHIS Board of Directors, insisted that the agency’s regulatory oversight remains critical in safeguarding seed standards and maintaining Kenya’s agricultural integrity.

KEPHIS Board Chairperson Joseph M’uthari also weighed in, calling for stronger collaboration with agricultural stakeholders and urging farmers, particularly in the North Rift region, to utilise KEPHIS services such as soil testing and certified planting materials.

“We encourage farmers to take advantage of KEPHIS services to ensure they access quality inputs,” he said.

According to Narok Senator Ledama Olekina, the sponsor of the Seeds and Plant Varieties (Amendment) Bill 2025, the proposed law seeks to introduce a parallel registration system that would operate independently from the current KEPHIS certification process, which he described as slow and bureaucratic.

“The Amendment seeks to address the inefficiencies in the current seed approval process, which has led to significant delays, averaging four years, and hindered farmers’ access to quality and climate-resilient seed varieties.

Under the proposed system, seed developers would apply for certification directly through KEBS, provided they meet quality, germination, and purity standards. The KEBS-administered system would assess applications and issue approvals within six months, significantly reducing the current waiting period.

Olekina argues that the new framework will increase farmers’ access to quality seeds, encourage agricultural innovation, support food security, and promote sustainable growth in the farming sector.

“This proposed system will not only increase farmers’ access to quality seeds but also encourage agricultural innovation, support food security and promote sustainable growth in the farming sector,” the Narok Senator said.